Ex Parte Suzuki et al - Page 5

               Appeal 2007-2023                                                                             
               Application 10/757,453                                                                       

                         has a sufficient strength as a hose and a sufficient antistatic                    
                         function” (¶ [0131]).                                                              
                      13) Nishi discloses that a preferred fluororesin for use as the                       
                         inner layer is ETFE (¶ [0018]).                                                    
                      14) Nishi discloses that the thermoplastic resin of the outer layer                   
                         may be a polyamide, a polyester, or a blend thereof (¶ [0015]).                    
                      15) Nishi further discloses that the fluororesin of the inner layer                   
                         has the feature of melt adhesiveness with the thermoplastic resin of               
                         the outer layer (¶ [0021]).                                                        
                      16) According to Nishi, this feature may be achieved by the                           
                         addition of a functional group to the fluororesin of the inner layer               
                         (¶ [0023]).                                                                        
                      17) Nishi teaches that “the adhesiveness-imparting functional                         
                         group is a group having reactivity or polarity and may, for                        
                         example, be a carboxyl group, a residue after dehydration                          
                         condensation of a carboxyl group (a carboxylic anhydride residue),                 
                         an epoxy group, a hydroxyl group, an isocyanate group, an ester                    
                         group, an amide group, an acid amide group, an aldehyde group,                     
                         an amino group, a hydrolyzable silyl group or a cyano group”                       
                      (¶ [0028]).                                                                           

                                   ANALYSIS AND CONCLUSIONS                                                 
                      The Examiner relies on Nishino for a disclosure of the invention as                   
               claimed with the exception that Nishino fails to teach that the fluororesin of               
               the inner layer has a functional group.  The Examiner notes that Nishi                       


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