Appeal No. 1998-2552
Application No. 08/292,977
preform by use of various support structures, rings, and sealing
parts to align and seal the over-cladding tube (Brief, pages 2-
4). A copy of illustrative claim 33 is attached as an Appendix
to this decision.
The examiner has relied upon the following references as
support for the rejections on appeal:
Baumgart et al. (Baumgart) 4,820,322 Apr. 11, 1989
Takahashi et al. (Takahashi) 54-13351 Jan. 31, 1979
(published Japanese Kokai Patent Application)1
Claims 18-20, 31, 33, 35 and 36 stand rejected under 35
U.S.C. § 112, ¶2, as indefinite (Answer, page 6). Claim 33 2
stands rejected under 35 U.S.C. § 102(b) as anticipated by or,
in the alternative, under 35 U.S.C. § 103(a) as unpatentable
over Takahashi (Answer, page 4). Claim 31 stands rejected under
35 U.S.C. § 103(a) as unpatentable over Takahashi in view of
Baumgart (Answer, page 5). We reverse all of the examiner’s
rejections essentially for the reasons stated in appellant’s
Brief, Reply Brief, and as set forth below.
1We rely upon an English translation of this document,
previously made of record in this application.
2The examiner mistakenly includes cancelled claim 32 in
this rejection (Answer, page 6).
2
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