Ex Parte SZETTELLA et al - Page 5




             Appeal No. 2002-1228                                                               Page 5                
             Application No. 09/124,831                                                                               


             flange parallel to the axis of the pipe, and also installing a plurality of alignment stubs              
             (13) extending through several of the bolt holes in the flange.  The second pipe is then                 
             lowered until its flange rests upon the stabilizing elements, and subsequently is moved                  
             laterally toward the first flange and then rotated until the alignment stubs are received in             
             the bolt holes of the second flange.  Once the pipe flanges are aligned in this fashion,                 
             bolts are installed and the stabilizing elements and alignment stubs are removed.  See                   
             columns 5 and 6 and Figures 11-16.  Thus, White fails to teach that the method of                        
             aligning pipe ends under water disclosed therein also is suitable, in whole or in part, to               
             align elements or apparatus other than pipe flanges under water and, as explained                        
             below, the particular sequence of steps recited in the appellants’ claims.                               
                    The extent of the teaching provided by AAPA is that poor etch uniformity results                  
             when electrode assemblies are not properly aligned on the plasma etching apparatus                       
             and that, in the appellants’ view, the prior art methods such as visual alignment have                   
             deficiencies which result in poor alignment of these components.                                         
                    At the outset, we agree with the appellants that the recitations in the preambles                 
             of these method claims are not merely statements of intended use but provide                             
             antecedents for establishing the terms and limits of the claimed methods (Revised                        
             Brief, page 12).  This being the case, even considering, arguendo, that White is                         
             analogous art, we fail to perceive any teaching, suggestion or incentive in either White                 
             or AAPA which would have motivated one of ordinary skill in the art to select, from the                  








Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007