Ex parte VAN VECHTEN et al. - Page 2




          Appeal 97-1906                                                              
          Application 08/163,084                                                      

               A.   Findings of fact                                                  
               The record supports the following findings by a                        
          preponderance of the evidence.                                              
                    1.   With reference to Figs. 1(a) through 1(c) and 3              
          of the drawings, claim 1 reads (indentation, matter in                      
          brackets and paragraph numbers added):                                      


                                       Claim 1                                        
               A structural element [Fig. 1, item 10; specification,                  
               page 9, line 5; Fig. 3, item 34; specification, page 15,               
               lines 17-18] for tensile and flexural strength                         
               reinforcement of a body of cast material [Fig. 3, item                 
               32; specification, page 15, line 16] that is exterior to               
               said element, said element [10, 34] comprising                         
                    [1] a substantially tubular rigid member [Fig. 1,                 
               item 12; specification, page 9, line 6]                                
                    [2] having an interior diameter greater than 4 mm,                
                    [3] an outer diameter not greater than 50 mm,                     
                    [4] a wall thickness of 1 mm or at least 10% of the               
               interior diameter, whichever is greater,                               
                    [5] a ridged outer surface [Fig. 1, item 14;                      
               specification, page 9, lines 10-11],                                   
                    [6] an unobstructed lumen, and                                    
                    [7] a tensile strength of at least 10 megaPascals or              
               four times the tensile strength of the material being                  
               reinforced, whichever is greater.                                      
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