Ex parte KENNEDY et al. - Page 6




                 Appeal No. 2001-1567                                                                                     Page 6                        
                 Application No. 09/044,455                                                                                                             


                 suggest using the fluent sealing material of the RHH Brochure                                                                          
                 to fill gaps in the stopping of Kennedy by holding an injector                                                                         
                 in or within about one-half inch of gaps.  While the fluent                                                                            
                 sealing material injector gun of the RHH Brochure could be                                                                             
                 held in or within about one-half inch of the stopping gaps of                                                                          
                 Kennedy, we see no specific teaching, suggestion or motivation                                                                         
                 in any of the applied prior art to do so.                                 3                                                            




















                          3We have also reviewed the reference to Wencley                                                                               
                 additionally applied in the rejection of claims 9 and 19 but                                                                           
                 find nothing therein which makes up for the deficiencies of                                                                            
                 Kennedy and the RHH Brochure discussed above.                                                                                          







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