Appeal No. 2000-1131 Page 2
Application No. 08/505,183
7. A composite tubular article comprising an outer sheath of a vulcanized elastomer
directly associated with a thermoplastic, wherein the thermoplastic is selected from the group
consisting of polybutylene terephthalate, polyvinylidene fluoride, a polyvinylidene fluoride
containing mixture comprising polyvinylidene fluoride, polymethacrylate and an elastomer, an
ethylene/vinyl alcohol copolymer, and an ethylene/tetrafluoroethylene copolymer.
The prior art references of record relied upon by the Examiner in rejecting the appealed
claims are:
Stevens5,320,888Jun. 14, 1994
Hert et al. (Hert) 5,637,407 Jun. 10, 1997
(filed Nov. 10, 1994)
We further rely upon the following prior art reference:
Modern Plastics Encyclopedia 43-44 (Rosalind Juran et al. eds., 1987)
The Examiner maintains the following rejections:1
1. Claims 1 and 3-8 stand rejected under the judicially created doctrine of obviousness-type
double patenting as being unpatentable over claims 1-5 of Hert (Answer, pages 3-4).
2. Claims 1 and 3-8 stand rejected under 35 U.S.C. § 112, first paragraph as not enabled
(Answer, page 4). See the Final Rejection, page 4 for the Examiner’s reasoning.
3. Claims 1 and 4-82 stand rejected under 35 U.S.C. § 102 as being anticipated by Stevens
(Answer, pages 4-5).
1The 35 U.S.C. § 102 rejection based on Strassel presented in the Final Rejection has
been withdrawn by the Examiner (Answer, page 3). The rejections under 35 U.S.C. § 112,
second paragraph presented in the Final Rejection were deemed to have been overcome by
amendment (Advisory Action mailed May 5, 1999, Paper No. 28).
2The rejection of claim 3 on this ground was withdrawn (Answer, page 3).
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