Appeal No. 2005-0785 Page 4
Application No. 10/192,959
longitudinal margins of the film. First and second
longitudinally extending, laterally spaced, transverse ribs
interconnect the opposing margins along their length to seal
the overlapping longitudinal seam. The ribs are formed by
one or more molten plastic beads extruded onto the film. As
a result, a flow regulating passage is defined by the ribs and
the opposing margins and a supply passage is defined by
the remainder of the film. Water flows from the supply
passage to the flow regulating passage through a plurality of
longitudinally spaced inlets. Water flows from the flow
regulating passage to the exterior of the hose through a
plurality of longitudinally spaced outlets longitudinally spaced
from the respective inlets to provide a substantial path length
from each inlet to a respective outlet. In one embodiment,
the outlets each comprise two parallel slits that form
between them a flexible flap. The flap serves as an outlet
valve, opening and closing as the hose is pressurized and
depressurized. However, unless the plastic film is very thick
and rigid, the flaps do not close consistently when the hose
is depressurized and therefore, the outlets can become
clogged by soil drawn into the slits.
On page 3 of the answer, the examiner concedes that the AAPA “does not
disclose forming longitudinal outlets slits nor how such slits are made.” In
characterizing the examiner’s position, appellants state on page 3 of their brief that:
The examiner asserts that the admitted prior art,
Inoue, Slaughterbeck, [Gilead], and Townsend disclose the
claimed invention except for the quoted step of “positioning a
backing wheel ... having a circumferential slot.” For
purposes of this appeal, [appellants do] not challenge the
examiner’s assertion.
Appellants do, however, challenge the examiner’s further assertion that it would have
been obvious, in view of the additional teachings of any of Lambert, Garrett and
Santanna, to use a backing wheel with a circumferential groove in the drip irrigation
hose-making process of the AAPA as modified in view of Inoue, Slaughterbeck, Gilead
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