Appeal No. 96-3482
Application 08/155,010
The appellants’ invention is directed to a variable tension
roofing and structural protective harness. The subject matter
before us on appeal is illustrated by reference to claim 1, which
appears in an appendix to the appellants’ Brief on Appeal.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Ballinger 3,715,843 Feb. 13, 1973
McQuirk 4,858,395 Aug. 22, 1989
THE REJECTIONS
Claim 11 stands rejected under 35 U.S.C. § 112, first
paragraph, as being drawn to subject matter unsupported in the
specification as originally filed.2
Claims 1 through 4 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Ballinger.
2A rejection under 35 U.S.C. § 112, second paragraph, was
overcome by amendment after the final rejection, as was one of
the two reasons for the rejection under 35 U.S.C. § 112, first
paragraph (Paper No. 9). With regard to the latter, we note that
the statement regarding the two Section 112 rejections
erroneously gives the impression that both reasons had been
overcome when, in fact, the rejection of claim 11 for one of them
has been maintained in the Examiner’s Answer.
2
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