Appeal 2007-2577
Application 90/006,344
connecting member are respectively tubular holders, each of
which having a diameter slightly larger than a diameter of said
respective ropelight, wherein said tubular holders are securely
affixed to said ends of said first and second ropelights in such
an air tight manner, so as to permanently connect said first
connecting member and said second connecting member to said
first ropelight and said second ropelight respectively.
The examiner applies Lin as follows:
Examiner's Refined
Structure application application
of Lin of Lin
first member tail portion ←
= tubular holder 25 rear esp. 252
second member tail portion
= tubular holder 231 ←
first ropelight 10a ←
second ropelight 10b ←
Again, the structures of the claim are facially present. Prazoff focuses
on the functional "air tight" and "permanently connect" limitations to
distinguish Lin.
Permanently connect
Prazoff argues that the connecting members in Lin are not
permanently connected to their respective rope lights.26 The examiner notes
that "permanent" can be broadly construed to include a connection that is
permanent unless intentionally disconnected. Resolution of this issue
26 Br. 22-23.
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