Appeal No. 2006-1612 Page 8
Application No. 10/153,376
elements, such that when joined, they would not form a hermetic seal.
(Appellant’s Brief, p. 6). The examiner responds that Singhal discloses a device to
create a waterproof joint, and the waterproof joint satisfies the recitation of the
hermetic seal. (Examiner’s Answer, p. 6).
We disagree with the examiner’s position. A hermetic seal is a seal that is
airtight.1 Singhal does not disclose creating an airtight seal. Rather, the stated
purpose of the device of Singhal is to create a seamless and continuous joint
between two surfaces that is water proof. (Singhal, col. 1, lines 7-9). It does not
necessarily follow that a water proof joint is also impervious to air. Further, it is
not clear from the structure disclosed in Singhal whether when the rods (2) are
joined with the channels (6), a hermetic seal will be formed inherently.
Accordingly, we do not sustain the rejection of claims 5 and 6 as being anticipated
by Singhal.
In the rejection of claims 1, 2, 5, and 6 as being anticipated by Jaster, the
examiner has determined that Jaster discloses each and every element of the
claimed invention. (Examiner’s Answer, p. 4). The examiner contends that Jaster
discloses a slot-like recess that allows the male profile to yield or collapse in
response to pressure, tension or impact yet remain engaged with the female profile.
(Examiner’s Answer, p. 6). The appellant disputes whether Jaster discloses a
“collapsible element” as claimed. (Appellant’s Brief, p. 7).
1 “Hermetic” is defined as “impervious to air: airtight.” Webster’s Third International
Dictionary, unabridged, G. & C. Merriam Co., 1971, p. 1059.
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