Ex parte GENEREUX - Page 2




                   Appeal No. 97-4078                                                                                                                               
                   Application No. 08/232,947                                                                                                                       


                                                                      BACKGROUND                                                                                    

                            The present invention relates to an apparatus for temporarily retaining sunglasses                                                      
                   on a vehicle sunvisor.  The invention is an improvement in a retaining clip which uses                                                           
                   several retaining features to provide positive retention of the sunglasses, easy insertion of                                                    
                   the sunglasses past camming surfaces of plural nubs and ready removal of the sunglasses                                                          
                   by actuation of a lever which pivots the clip jaw to release the sunglasses taking advantage                                                     
                   of the differential camming of the nubs.                                                                                                         
                            Appellant has indicated that claims 1 and 5 stand or fall together, but claims 2, 3                                                     
                                                                                     3                                                                              
                   and 4 do not stand or fall together.   (See brief  at page 5.)                                                                                   
                            Independent claim 1 is representative of the invention and reproduced as follows:                                                       
                   1.       A clip for securing sunglasses and like articles to a vehicle sunvisor comprising a                                                     
                   pair of longitudinally extended jaws extending from a common base in opposed relation                                                            
                   along substantially their entire lengths and arranged for clasping a sunvisor there-between,                                                     
                   one of said jaws being separable from said sunvisor, a plurality of nubs along said one jaw                                                      
                   longitudinally spaced to receive said articles therebetween in mounting relation to said                                                         
                   sunvisor, each of said nubs having a differential camming surface preferentially facilitating                                                    
                   sliding of said articles out of position between said nubs over sliding into position between                                                    
                   said nubs, and a lever extending from one of said jaws for pivoting said one jaw relative to                                                     
                   the sunvisor a distance which taken with said preferential camming surface of said nubs                                                          
                   allows said articles to pass readily into or out of position between said nubs.                                                                  
                            The prior art references of record relied upon by the Examiner in rejecting the                                                         
                   appealed claims are:                                                                                                                             


                            3  Appellant filed a substitute appeal brief, February 25, 1997, (Paper No. 18) to replace the non-                                     
                   compliant appeal brief filed November 8, 1996, (Paper No. 16).  We will refer to this substitute appeal brief                                    
                   as simply the brief.                                                                                                                             
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