Appeal No. 2003-1302
Application 09/035,478
sleeve component of Figure 3 of Kooji do not patentably
distinguish the claimed “split sleeve preform” from the split
sleeve component seen in Kooji.
In contrast to appellants’ position, we do not see that a
“preform,” in its broadest sense, would be understood by one of
ordinary skill in the art as being a term applied only to a
component that is specifically designed and constructed as an
intermediate product having no other use except for being
subsequently further modified or altered to be another component.
We view the term “preform” as being applicable to a structure
from with a final product is or may be formed, whether or not
that initial structure itself has or was intended in the first
instance to have another use.
For the above reasons, we will sustain the examiner’s
rejection of claims 9 through 13, 25 and 26 under 35 U.S.C.
§ 102(b) as being anticipated by Kooji (Fig. 3). The decision of
the examiner is, accordingly, affirmed.
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