Ex parte FAIRBANKS - Page 2




                 Appeal No. 1997-2840                                                                                                                   
                 Application No. 08/265,971                                                                                                             

                          The subject matter on appeal relates to a method for                                                                          
                 joining a plurality of layers of non-fully cured composite                                                                             
                 material which comprises generating a plurality of spaced                                                                              
                 apart holes through superimposed layers of a preform by                                                                                
                 penetrating a thin pointed tool into and through the preform                                                                           
                 using ultrasonic energy applied into the tool and then                                                                                 
                 fastening together the layers through the holes using fiber                                                                            
                 members.   A copy of the appealed claim, taken from the1                                                                                                                       
                 appellant’s brief, is appended to this decision.                                                                                       
                          The following references are relied upon by the examiner                                                                      
                 as evidence of obviousness:                                                                                                            
                 Lackman et al.                               4,331,495                                    May  25, 1982                                
                 (Lackman)                                                                                                                              
                 Makabe et al.                       4,671,149                                    Jun.  9, 1987                                         
                 (Makabe)                                                                                                                               
                 Greszczuk                                    4,696,711                                    Sep. 29, 1987                                
                 Nelson et al.                       4,971,641                                    Nov. 20, 1990                                         
                 (Nelson)                                                                                                                               
                 Ikeda et al.                        3-222724                            Oct.  1, 1991                                                  
                 (Japanese ‘724)                                                                                                                        

                          1It is the implicit and correct position of the appellant                                                                     
                 and the examiner that the appealed claim should be interpreted                                                                         
                 consistent with the subject specification as defining a method                                                                         
                 in which the above noted generating and fastening steps are                                                                            
                 separate from and sequential to one another.                                                                                           
                                                                           2                                                                            





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