Ex Parte Caudill et al - Page 2


                Appeal 2007-1112                                                                             
                Application 10/692,116                                                                       

                      The application was filed on 23 October 2003.  The real party in                       
                interest is said to be Harsco Technologies Corporation (Appeal Br. at 1).                    
                      The following U.S. patents are relied upon by the Examiner:                            
                      Name               Patent No.                     Issue Date                          
                      Haldenby           US 5,474,846                   Dec. 12, 995                        
                      Seal et al.        US 5,822,838                   Oct. 20, 1998                       
                      Luttmann et al.    US 6,244,020                   Jun 12, 2001                        
                      The following grounds of rejection are appealed:                                       
                      Claims 1, 2, 6-9, and 14-16 are rejected under 35 U.S.C. §103(a) as                    
                being unpatentable over Haldenby in view of Seal et al. (Seal).                              
                      Claims 3-5 and 10-13 are rejected under 35 U.S.C. §103(a) as being                     
                unpatentable over Haldenby in view of Seal and Luttmann et al. (Luttmann).                   
                      In this decision, we refer to the applicants Caudill et al. as “Caudill”.              

                II.   Findings of fact                                                                       
                      The record supports the following findings of fact as well as any other                
                   findings of fact set forth in this decision by a preponderance of the                     
                   evidence.                                                                                 
                      1. The “invention relates to high pressure gas cylinders and, more                     
                         specifically, to aluminum cylinders having a plastic interior                       
                         coating.”  (Specification at 1).                                                    
                      2. The cylinders are said to be “especially adapted to be used as a                    
                         self-contained breathing apparatus, a home oxygen therapy                           
                         cylinder, a commercial aviation cylinder, a fuel storage cylinder in                



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