Ex parte GANS et al. - Page 9




          Appeal No. 1997-0262                                                        
          Application 08/286,795                                                      



          applying a nut over the tab on the bolt, we must agree with                 
          appellants that Sakakida does not anticipate the subject                    
          matter set forth in claim 8 on appeal. Accordingly, the                     
          examiner’s rejection of claim 8 under 35 U.S.C. § 102(b) based              
          on Sakakida will not be sustained.                                          


                    In the rejection of dependent claims 3, 5, 10 and 12              
          under 35 U.S.C. § 103, the examiner urges (final rejection,                 
          page 6) that it would have been obvious to one of ordinary                  
          skill in the art to modify Hirabayashi to include releasable                
          attachment means such as taught by Sakakida in order to attach              
          the tether (16) of Hirabayashi “using equivalent structure in               
          the art.” While we find this statement of the rejection to be               
          somewhat cryptic, we note that the examiner provides further                
          explanation                                                                 




          on page 7 of the answer, where it is noted that the skilled                 
          artisan would have found it obvious                                         
                    to use a tab receiving the bolt on the end                        
                    of the strap as taught by Sakakida et al,                         
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