Ex Parte Endo - Page 2



         Appeal No. 2005-1943                                                       
         Application No. 09/091,508                                                 

              (b) open joiner caps attached to at least one end of each of          
         the two or more pack sections, adjacent open joiner caps being             
         secured to coaxially connect the pack sections and open joiner             
         caps into a hollow separation arrangement being at least about 40          
         inches in length and having an interior diameter of at least of            
         about 2 inches; and                                                        
              (c) first and second end caps attached to the hollow                  
         separation arrangement, wherein one of the first and second end            
         caps comprises a seal having an outside diameter greater than the          
         largest outside diameter of the hollow separation arrangement,             
         the end caps including a polymeric or elastomeric material.                
              The examiner relies upon the following references as                  
         evidence of unpatentability:                                               
         Pall et al. (Pall ‘923)  3,344,923   Oct.  3, 1967                         
         Pall et al. (Pall ‘881)  4,033,881   July  5, 1977                         
         Pall et al. (Pall ‘012)  4,228,012   Oct. 14, 1980                         
         Driscoll et al. (Driscoll) 4,517,085   May  14, 1985                       
         Stoyell et al. (Stoyell)  5,543,047   Aug.  6, 1996                        
              Claims 1 and 14-18 stand rejected under 35 U.S.C. § 103 as            
         being obvious over Pall ‘923 in view of Stoyell, Pall ‘012, and            
         Driscoll.                                                                  
              Claim 19 stands rejected under 35 U.S.C. § 103 as being               
         obvious over Pall ‘923 in view of Stoyell, Pall ‘012, Driscoll,            
         and further in view of Pall ‘881.                                          
              On page 3 of the brief, appellants state that the claims              
         stand or fall with independent claim 1.  We therefore limit our            
         consideration to claim 1 in this appeal.  See 37 CFR                       
         § 41.37(c)(1)(vii)(September 2004); formerly 37 CFR                        
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