Ex parte NOVITSKY - Page 2


             Appeal No. 1997-1619                                                                                     
             Application No. 08/278,154                                                                               




                    Claim 6, the only independent claim, is illustrative of the subject matter on appeal              
             and reads as follows:                                                                                    
                           6.     A method for preparing an article of manufacture said article                       
                    comprising at least one chamber enclosed by a solid, air-tight, encapsulating                     
                    material, (A) the pressure inside the at least one chamber having a vacuum                        
                    characteristic of being less than atmospheric pressure and (B) the encapsulating                  
                    material of sufficient strength to maintain the integrity and the vacuum characteristic           
                    of the at least one chamber the method comprising:                                                
                           (1)    contacting, in an environment of less than atmospheric pressure, (a)                
                    the surface of a preformed article that is porous to gases with (b) an encapsulation              
                    of a liquid material that solidifies into an air-tight, encapsulating material and                
                           (2)    in the same environment of less than atmospheric pressure as in step                
                    (1), solidifying the liquid material to form thereby an air-tight, encapsulated article.          
                    The reference relied upon by the examiner is:                                                     
             Deschamps et al. (Deschamps)              3,769,770            November 6, 1973                          
                                                 Prior Art Rejection                                                  
             A      Claims 6-9 and 42 stand rejected under 35 U.S.C. § 103, with the examiner    relying              
             upon Deschamps as evidence of obviousness.  We reverse.                                                  

                                                   Claims at Issue                                                    
             B.     Claim 6, representative of the claims on appeal, is directed to a method for                      
             preparing an article of manufacture,                                                                     
                    1.     comprising the steps of –                                                                  


                    a.     in an environment of less than atmospheric pressure, contacting the                        

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