Ex Parte MORRIS - Page 4




          Appeal No. 2002-0027                                                        
          Application No. 08/963,812                                                  


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellant and the examiner. As a consequence of              
          our review, we have made the determination that the examiner’s              
          above-noted rejection will be sustained. Our reasons follow.                


          According to the examiner, both Prior Art Illustration C1                   
          and Vallourec disclose a tapping connection like that claimed by            
          appellant, with the exception that each of those references shows           
          the membrane blocking the bore of the connector as a planar or              
          flat membrane rather than an “arcuate membrane” as required in              
          appellant’s claim 18. To address this deficiency in the prior               
          art, the examiner turns to Wood, urging that Wood “clearly                  
          teaches a tapping structure with a concave/convex tapping                   
          membrane disposed within a bore of a containment structure”                 
          (final rejection, page 2). Based on the combined teachings of the           
          applied references, the examiner concludes that it would have               
          been obvious to one of ordinary skill in the art, at the time the           
          invention was made, to substitute the membrane of Wood for the              
          flat membrane of either Prior Art Illustration C1 or Vallourec.             


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