Ex Parte Hernandez - Page 3

               Appeal 2007-1381                                                                          
               Application 10/686,069                                                                    
                     B.  Facts                                                                           
                     The following facts are supported by a preponderance of the evidence:               
                        1. McClellan is directed to a forming tube for winding glass fibers              
                           that, like the claimed tube, is formed from spirally wound                    
                           paperboard plies (McClellan, col. 2, ll. 23-36).                              
                        2. The process of winding involves winding glass fibers treated                  
                           with binder onto the forming tube, and drying the binder.  After              
                           drying, the forming tube is removed from the glass fiber                      
                           winding by partially collapsing the tube and extracting it                    
                           (McClellan, col. 3, l. 3-col. 4, l. 1).                                       
                        3. The outer ply of McClellan’s tube is treated with a conventional              
                           release agent to facilitate release of the tube from the glass fiber          
                           winding (McClellan, col. 2, ll. 42-47).  The only release agent               
                           taught in McClellan as conventional for this use is silicone                  
                           release agent (McClellan, col. 1, ll. 31-35; col. 5, ll. 36-39).              
                        4. McClellan is silent with respect to the use of a sizing agent or              
                           any other agent that provides liquid impermeability but vapor                 
                           permeability to the paperboard of the forming tube.                           
                        5. Von Hoessle is directed to a coil form.  This coil form has a coil            
                           support with up to 100 km of a fiber-optic waveguide wound                    
                           upon it.  In use, the coil form is carried on board an airplane or            
                           missile and the fiber-optic wave guide is unwound from the coil               
                           support (Von Hoessle, col. 1, ll. 10-20).  The coil support is not            
                           removed from the winding by collapsing it as in the McClellan                 
                           process.                                                                      



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