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. 2Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007