Appeal 2007-0201
Application 10/973,635
figures 4-6 is not cylindrical. Hence, cutting that tube does not meet the
Appellant’s claim 13 requirement of cutting a cylindrical tube.
The Examiner, therefore, has not established a prima facie case of
obviousness of the invention claimed in the Appellant’s claim 13.
DECISION
The rejection of claims 10-15 under 35 U.S.C. 103 over the combined
disclosures of Brown and Biss is affirmed as to claims 10-12, 14 and 15, and
reversed as to claim 13.
AFFIRMED-IN-PART
vsh
CARL. L. JOHNSON
JACOBSON AND JOHNSON
SUITE 285
ONE WEST WATER STREET
ST. PAUL MN 55107
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