Ex parte LEONHARDT - Page 7




                 Appeal No. 2001-0201                                                                                     Page 7                        
                 Application No. 08/779,706                                                                                                             




                          Second, while Weaver does suggest that the "ramp angle"                                                                       
                 is a result effective variable that needs to be selected based                                                                         
                 upon the diameter of the piping (page 2, lines 105-113), we                                                                            
                 have found no specific teaching in Weaver that the "gasket                                                                             
                 thickness" is a result effective variable.  Moreover, even if                                                                          
                 the "gasket thickness" were a result effective variable, the                                                                           
                 examiner has not presented any evidence that the claimed                                                                               
                 "gasket face area" is a result effective variable.                                                                                     


                          Lastly, we disagree with the examiner's position (answer,                                                                     
                 p. 5) that claim 6 of Fandetti suggests more than one sealing                                                                          
                 means may be used.  In that regard, Fandetti clearly teaches                                                                           
                 (column 3, lines 31-35) that a sealing gasket may be                                                                                   
                 interposed between his identical coupling units 10 and 11 and                                                                          
                 that such a gasket may register with recesses 22 of the                                                                                
                 identical coupling units 10 and 11.  While in accordance with                                                                          
                 35 U.S.C. § 112, the "fluid sealing means" recited in claim 6                                                                          

                          1(...continued)                                                                                                               
                 obvious, however, the examiner did not incorporate this                                                                                
                 conclusion of obviousness into the rejection before us in this                                                                         
                 appeal.                                                                                                                                







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