Appeal No. 1998-2732
Application No. 08/244,163
claim, has been allowed. (Examiner’s answer, page 2.)
The subject matter on appeal relates to a tube of a layered
material consisting of a particular first layer and a particular
second layer. According to the appellants, the invention
provides “tubes for the transport or storage of petrol, or
hydrocarbons having similar properties, the tubes being
manufactured from a material which is both chemically compatible
with the hydrocarbons and which has a reduced absorption of the
transported or stored hydrocarbons.” (Appeal brief, pages 3-4.)
The tubes are also said to “have a higher resistance to the
diffusion of the hydrocarbons therethrough, so that they may be
installed in the ground with a higher degree of safety than
those of the prior art.” (Id. at page 4.) Further details of
this appealed subject matter are recited in illustrative claim 1
reproduced below:
1. A tube of layered material consisting of a
first layer and a second layer characterized in that
said first layer consists essentially of a material
selected from the group consisting of polyethylene and
polypropylene, and said second layer, constituting a
barrier layer for reducing the diffusion outward
through said tube of hydrocarbons transported or
stored within said tube, comprises a material selected
from the group consisting of polyethylene and
statement in the advisory action, we note that the amendment has
not been clerically entered. We trust that the amendment will
be properly entered on return of this application to the
examiner’s jurisdiction.
2
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