Ex parte STEKETEE - Page 8




                     Appeal No. 1997-4430                                                                                                                                              
                     Application 08/421,463                                                                                                                                            




                                Claim 39 is drawn to a replacement pipe product and                                                                                                    
                     requires, inter alia, a pipe that is substantially rigid at                                                                                                       
                     ambient temperature and in a reduced form having a flattened                                                                                                      
                     and longitudinally folded shape, with the bulbous end of a                                                                                                        
                     shorter leg nesting behind the bulbous end of a longer leg to                                                                                                     
                     minimize the overall thickness of the folded pipe.  Claim 65                                                                                                      
                     (and claim 66 dependent thereon) recites pipe shape                                                                                                               
                     limitations comparable to those set forth in claim 39, and                                                                                                        
                     additionally includes the requirement of a memory for a                                                                                                           
                     reduced non-circular form, as earlier discussed relative to                                                                                                       
                     claim 61.                                                                                                                                                         


                                We note, at this point, that appellant’s specification                                                                                                 
                     informs us (pages 20 and 21) that the preferred form of folded                                                                                                    
                     pipe depicted in Fig. 8 includes the important feature of                                                                                                         
                     bulbous fold and leg ends for preventing the folded portions                                                                                                      
                     of the pipe from splitting when folded, which might occur with                                                                                                    
                     a pipe such as that shown in Fig. 3.   The specification (page                5                                                                                   

                                5 The Fig. 3 embodiment taught by appellant appears to be                                                                                              
                     comparable to the Fig. 1D embodiment of Laurent.                                                                                                                  
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