Ex Parte ALLEN et al - Page 5




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


               Claim 20 is drawn to a method of welding two double pipe               
          sections together to form a double containment pipe fitting                 
          wherein one of the two pipe sections extends at an angle away               
          from the other pipe section.  Claim 25 sets forth a method of               
          forming an angled, butt welded joint in thermoplastic coaxial               
          pipe sections wherein the pipe sections include a header coaxial            
          pipe section and a branch coaxial pipe section.                             


               The examiner's rationale in rejecting these claims under               
          35 U.S.C. § 103 starts with the Windle teaching of joining single           
          thermoplastic pipes making a T or Y joint with one another                  
          wherein shaped sections are removed from the first and second               
          pipes and heated and pressed together to form a joint between the           
          first and second pipe.  The examiner recognizes that this                   
          document does not concern itself with double containment pipes.             
          To supply the deficiency of Windle, the examiner looks to the Ziu           
          '260 teaching of joining one double containment pipe to another             
          (Fig. 7) and to either the Ziu '088 disclosure showing a double             
          containment pipe joined to a branch (Fig. 7) or the Butts                   
          teaching of a double containment pipe joined to a branch (Fig.8).           
          Based upon this knowledge in the prior art, the examiner                    
          concludes that it would have been obvious to use a first double             

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