Appeal No. 1997-1451
Application 08/145,974
Van Beersel teaches protecting welded joints
from corrosion by applying an open-ended sleeve
having an inner layer of a first organic polymer and
an outer layer of a second organic polymer. Van
Beersel does not specifically teach the application
to concrete reinforcement, nonetheless, he addresses
the same problem of corrosion on joints as does
appellants. Therefore, Van Beersel is reasonable
pertinent to the particular problem to which
appellants are involved, that problem being
corrosion on joints. Moreover, it is the examiner's
position that heat-shrinkable sleeves as
contemplated by appellants were well known in the
art at the time the invention was made and were
equally known as a corrosion protection device. See
Wetmore, Example II, relied upon not as prior art,
but to show the state of the art at the time the
invention was made. Weatherby, which is drawn to
corrosion protection of rods, teaches at column 3,
line 63 through column 4, line 6, that suitable
tubing are heat-shrinkable polymeric materials lined
with a meltable thermoplastic material that
completely encapsulates the rod without leaving
voids, further teaching that another acceptable
tubing are those manufactured to protect pipe line
joints and electrical splices from corrosion. This
teaching would have provided direction to the
skilled artisan to use the sleeve of Van Beersel to
protect rod joints and suggests that the skilled
artisan could do so with a reasonable expectation of
success.
We refer to the brief and the answer for a complete
exposition of the opposing viewpoints expressed by the
appellant and the examiner concerning the above noted
rejection.
OPINION
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