Ex Parte ALLEN et al - Page 9




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


          configuration of angled or branched double containment pipes                
          relying upon a non-planar heater fabrication method, in light of            
          the known non-planar heater joining method of Windle for                    
          fabricating branched single pipes.                                          


               In summary, this panel of the board has:                               


               not sustained the rejection of claims 20 through 25 and 29             
          through 33 under 35 U.S.C. § 103 as being unpatentable over                 
          Windle in view of Ziu '260 and either Ziu '088 or Butts; and                


               not sustained the rejection of claims 29 through 32 under              
          35 U.S.C. § 103 as being unpatentable over Windle in view of Ziu            
          '260 and either Ziu '088 or Butts, as applied above, further in             
          view of Lueghamer.                                                          


               Additionally, we have remanded the application to the                  
          examiner to consider the matter discussed above.                            







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