Ex parte SHANAHAN et al. - Page 7




          Appeal No. 1997-2942                                                        
          Application 08/281,958                                                      


          in the art to obtain a specific characteristic.”  We disagree.              
          The Examiner has not proffered any evidence that even shows                 
          the recognition of the problem being solved by the claimed                  
          invention, let alone a solution of the problem.  Redder shows               
          a rubber conduit 16 which is of a fixed length.  There is no                
          mention of any rotational movement (or twisting) of the                     
          conduit about its axis.  Redder’s conduit also does not have                
          any helical spiral on the surface of the conduit, see figs. 2               
          and 4.  Kramer shows a helical spiral on the surface of                     
          conduit 1, however, there is no rotational movement about its               
          axis (i.e., twisting).  Reuther is used by the Examiner to                  
          show the circular and non-circular grommets at the ends of a                
          conduit, however, in Reuther, there is no need to twist the                 
          conduit because the grommets are inserted in the corresponding              
          slots in the panels before the conduit is closed to form and                
          hold the tubular shape with buttons 54 in the overlapping                   
          flanges 38 (see figs. 1, 2, and 8).  Thus, there is a complete              
          absence of the teaching of the claimed feature of twisting of               
          the conduit without kinking the conduit.                                    
               Therefore, we do not sustain the obviousness rejection of              


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