Appeal No. 98-1238
Application No. 08/115,187
We REVERSE and, pursuant to our authority under the
provisions of 37 CFR § 1.196(b), we will enter new rejections
of claims 1, 5, 8 and 9.
The appellant's invention pertains to a wire position
support bracket and to a method of using such a bracket.
Independent claims 1 and 8 are further illustrative of the
appealed subject matter and a copy thereof may be found in the
appendix to the brief.
The references relied on by the examiner are:
Knell 2,023,083 Dec. 3, 1935
Huehnel 2,867,681 Jan. 6, 1959
Brislin 4,345,381 Aug. 24, 1982
Uhrin et al. 5,491,902 Feb. 20, 19962
(Uhrin) (filed Aug. 23, 1994)
An additional reference of record relied on by this
merits panel of the Board is:3
Hubbard 4,550,451 Nov. 5, 1985
2Although not argued by the appellant, this reference
does not appear to qualify as prior art under 35 U.S.C. § 102.
3This reference was made of record in the Office action
mailed on November 17, 1993 (Paper No. 4).
2
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