Appeal No. 2002-1487 Page 9
Application No. 09/404,461
between rings formed by the spiral cut. Figures 2 and 3 show spiral cut 40 with a gap
between the rings formed by the spiral cut.
In view of the above-noted teachings, it is our opinion that one of ordinary skill in
the art would understand the claimed phrase "inner tube of integral one-piece
construction with a helical cut formed therein" to require the inner tube to have a helical
gap therein which gap could be formed, for example, by casting or by laser cutting.
Trott's inner spiral 60 is not disclosed as having a helical gap therein. In fact, it
appears from Figure 7 of Trott that the flat stainless steel ribbon which is wound upon a
mandrel M in an abutting manner to form the inner spiral 60 which defines the first
channel 62. Accordingly, the subject matter of claim 1 is not anticipated by Trott.
For the reasons set forth above, the decision of the examiner to reject claim 1,
and claims 2, 3, 5 and 10 dependent thereon, under 35 U.S.C. § 102(b) as being
anticipated by Trott is reversed.
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