Ex parte BARTON et al. - Page 8




          Appeal No. 1997-0566                                                        
          Application No. 08/344,345                                                  


          which patentably distinguish over Sekar's method as explained               
          above, the ultimate products formed by these respective                     
          methods are indistinguishable from Sekar's product.                         
          Concerning the appealed product claims, it appears to be the                
          appellants' position that the paint roller product of these                 
          claims may differ from the paint roller product of Sekar "in                
          the case of a manufacturing malfunctioning. . ." (brief, page               
          16).  This position is not only speculative, but is based upon              
          features to which the claims under review are not limited and               
          thus cannot be regarded as well founded.                                    
               Finally, the apparatus defined by appealed claim 23 is                 
          indistinguishable from the apparatus disclosed by Sekar.                    
          According to the appellants, "[n]one of Sekar, Grodberg et al               
          nor Morrison disclose apparatus 'for producing a structurally               
          integral composite structure consisting of an adhesive free                 
          self-sustaining paint roller core' (emphasis ours), and hence               
          the cited references whether viewed individually or in any                  
          combination do not disclose or suggest the claimed combination              
          of features." (Brief, page 17).  We perceive no merit in the                
          appellants' view of this matter.  Specifically, the appellants              
          are incorrect in their apparent belief that Sekar's apparatus               
                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007