Appeal No. 2000-0583
Application No. 08/955,984
"a programmed dipping [dip] cycle," is addressed on pages 3-4,
10 and 18-22 (Examples 4-10) of appellants' specification.
Appellants argue that the use of a relatively lower
pressure while the body portion is blown affects the physical
characteristics of the balloon by reducing waist and cone
thickness and point out that this manner of expansion is not
disclosed by Levy (brief, page 9). The examiner does not
contest appellants' assertion that sequentially blowing the
first waist, body and second waist portions of the balloon and
subjecting the balloon to relatively lower pressure while the
body portion is blown would physically affect the balloon in
an unobvious manner, but insists that such physical effects
are not set forth in the claims and are given no weight
(answer, page 6). The examiner's position in this regard is
not well taken.
To the extent that the process limitations in a product-
by-process claim impart or affect physical characteristics of
the final product, these physical characteristics must be
given weight, notwithstanding that the claim does not
explicitly recite such physical characteristics. In this
instance, the application of a relatively lower pressure while
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