Ex parte TOBIN et al. - Page 2




          Appeal No. 96-4039                                                          
          Application 08/247,306                                                      




                                 DECISION ON APPEAL                                   
                    This is an appeal from the final rejection of claim 6,            
          the only claim remaining in the application.                                
                    The claim on appeal is drawn to a plastic form tie, and           
          is reproduced in the appendix to appellants’ brief.                         
                    The references applied in the final rejection are:                
          Wight                               668,366        Feb. 19, 1901            
          Andersen et al. (Andersen)        3,750,997        Aug.  7, 1973            
          Young                             4,706,429        Nov. 17, 1987            
          Mason                             5,065,561        Nov. 19, 1991            


                    Claim 6 stands finally rejected under 35 U.S.C. § 103             
          as unpatentable over Mason in view of Andersen, Wight and Young.            
                    The examiner indicates in his answer, and appellants              
          do not disagree, that the form tie disclosed by Mason differs               
          from the claimed apparatus in that Mason does not disclose                  
          (1) vane shelves extending between the end and inside plates in             
          a Z axis (horizontal) direction, (2) diamond-shaped end plates,             
          and (3) that the tie is made of plastic.  However, the examiner             
          finds that it would have been obvious to modify the tie of Mason            
          to provide these features in view of (1) Andersen, (2) Wight and            
          (3) Young, respectively.                                                    

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