Appeal No. 1996-3350
Application 08/187,114
elastic sleeve for electrical cable joints having specified
physical characteristics (Brief, page 2). As stated by 1
appellants, “the rejected claims stand or fall together.”
(Brief, page 4). Pursuant to this statement and the
provisions of 37 CFR § 1.192(c)(7)(1995), we select claim 13
from the group of claims and decide this appeal as to this
ground of rejection on the basis of claim 13 alone. A copy of
illustrative claim 13 is attached as an Appendix to this
decision.
The examiner has relied upon the following references as
evidence of obviousness:
Nelson 4,363,842 Dec. 14,
1982
Clabburn 4,383,131 May 10,
1983
Claims 5, 6 and 12-20 stand rejected under 35 U.S.C. §
103 as unpatentable over Clabburn in view of Nelson (Answer,
page 3). We affirm the examiner’s rejection but for2
1 All references and citations are from the Brief dated
Dec. 18, 1995, Paper No. 42, which replaced the Brief dated
Oct. 18, 1995, Paper No. 39.
2 The final rejection of claims 5, 6 and 12-20 for
obviousness-type double patenting over claims 1-13 and 27-39
of U.S. Patent No. 5,294,752 was obviated by appellants’
2
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