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Ex parte CASTEL et al. - Page 6
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Board of Patent Appeals and Interferences > 1997 > Ex parte CASTEL et al. - Page 6
Appeal No. 96-1830
Application 08/101,668
11), the examiner contends that Votel’s loops 51 through 54
“are located on the inward face of the support. The loops do
extend beyond the support. However, the base[s] of the loops
are located on the inward face of the support (Figure 3)”
(answer, page 3). Votel, however, does not provide any
factual support for the examiner’s finding that the bases of
straps 51 through 54 are located on the inward facing surface
of support 10. Moreover, even if the bases of the straps 51
through 54 were located on the inward facing surface of the
support 10, the loops defined by the straps are not as is
clearly evident from Figure 3. Since Votel does not disclose
any other loops located on the inward facing surface of the
support, this reference does not meet the above noted
limitations in claims 1 and 23. It therefore follows that the
subject matter recited in these claims is not anticipated by
Votel.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(e) rejection of claims 1 and 23, or of claims 2 through
5 which depend from claim 1, as being anticipated by Votel.
As for the standing rejection of claims 1 through 5 and
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Last modified: November 3, 2007
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