Appeal No. 2001-2126
Application 09/141,069
respective positions of the appellant and the examiner with
regard to the merits of this rejection.2
DISCUSSION
Thies discloses a sealing strip adapted to be attached to
a vehicle bodywork flange. As described by Thies, the Figure
1 embodiment relied on by the examiner
is composed of a holding part 1, and of [a] sealing
part, the latter being designed as a lip 2. The
holding part 1 is composed of two limbs, 3 and 4,
which are interconnected by a web 5. On the inner
surfaces, the limbs 3,4 possess holding ribs 6, 7,
these ribs serving to improve the grip on a vehicle
bodywork flange, onto which the holding part 1 is to
be pushed. The holding part is endowed with the
necessary gripping strength by means of a metallic
reinforcing insert 8 which is composed, for example,
of a steel wire, bent into a zigzag shape, and which
passes through the two limbs 3, 4, and through the
web 5 . . . . The insert is encased, with the
profile section indicated in the drawing, by a
thermoplastic material, such as, for example,
polyvinyl chloride, the hardness of which is
adjusted to the level customary for profile sections
used of protecting edges on motor vehicles.
2In the final rejection (Paper No. 6), claims 1 and 2
also stood rejected under 35 U.S.C. § 112, second paragraph,
as being indefinite. As the examiner has not restated this
rejection in the answer, we assume it has been withdrawn (see
Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957)) in light of
the amendments made subsequent to final rejection (see n.1,
supra).
3
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