Ex parte WILDE - Page 2




          Appeal No. 96-1747                                                            
          Application 08/299,839                                                        


               We AFFIRM.                                                               


                                      BACKGROUND                                        
               The appellant's invention relates to a form tie for                      
          securing a pair of concrete wall form structures together.                    
          The tie includes three saddle shaped portions sized and shaped                
          so that the ties may be successively installed in the forms                   
          alternately inverted, so as to be alternately over and under                  
          reinforcing members located in the saddle shaped portions                     
          (specification, page 4).  Claim 6, as amended after the final                 
          rejection, reads as follows:                                                  
               6.        A form tie for securing a pair of concrete                     
               wall form structures together in vertically                              
               upstanding, spaced apart relationship, said tie                          
               comprising:                                                              
                    an elongate rod of constant diameter, being of                      
               sufficient length to span horizontally between the                       
               spaced apart form structure, said rod having a pair                      
               of longitudinally aligned opposing end portions                          
               having a common longitudinal axis, each end portion                      
               carrying means for securing said end portion to one                      
               of the pair of form structures; wherein                                  
                    at least one portion of the rod between the form                    
               structures is formed to be saddle shaped and is                          
               sized to accept at least one elongate reinforcing                        
               member having a horizontally directed axis                               
               perpendicular to the axis of the rod, the depth of                       
               the saddle shaped portion being sufficient to permit                     
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