Ex Parte ALLEN et al - Page 4




          Appeal No. 1998-0277                                                        
          Application No. 08/478,009                                                  


               Initially, this panel of the Board notes that we appreciate            
          from a reading of the background section of appellants'                     
          specification (pages 1 through 3) that, prior to the present                
          invention, those having ordinary skill in the art used a planar             
          heating element (U.S. Patent No. 3,013,925) to melt endwalls of             
          pipe sections (page 2), and after heating, the end walls were               
          brought together and joined (butt-joint).  Further, we are                  
          instructed that those having ordinary skill in the art also                 
          understood (U.S. Patent No. 5,185,049) that to butt-weld double             
          containment pipe sections (page 3) opposing endwalls of the pipes           
          should be brought into contact with a hinged planar heating                 
          element until the plastic of the pipes is softened, with the                
          softened ends being subsequently joined together to form a solid            
          butt-joint.2  Appellants point out that the planar nature of this           
          heating element precludes use for assembling complex fittings               
          such as tee, wye, and cross or reducing fittings which require              
          detailed calculation of angled mating surfaces.                             


               2 It is apparent to us from the background section that                
          those versed in this art, at the time of the present invention,             
          clearly understood that welding techniques using a common heater            
          for joining single pipe to single pipe was also applicable for              
          joining double containment pipe to double containment pipe.  This           
          understanding is brought to the examiner's attention in the                 
          "REMAND TO THE EXAMINER", infra.                                            
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