Ex parte BACQUE - Page 3




          Appeal No. 98-2049                                                          
          Application 08/549,061                                                      


          Daniels             2,044,240                Jun. 16, 1936                  
          Hoody               2,592,696                Apr. 15, 1952                  




               Items relied upon by the appellant as evidence of non-                 
          obviousness are:                                                            
               The 37 CFR § 1.132 Declarations of Steve E. Bacque                     
               and A. Kevin Alexander filed on June 10, 1996 as                       
               part of Paper No. 4.                                                   
               Claims 1 through 5, 7 and 8 stand rejected under 35                    
          U.S.C.  § 103 as being unpatentable over Schweitzer in view of              
          Muys, and claims 6 and 9 through 11 stand rejected under 35                 
          U.S.C. § 103 as being unpatentable over Schweitzer in view of               
          Muys and Sauerbrey.                                                         
               Reference is made to the appellant’s brief (Paper No. 9)               
          and to the examiner’s answer (Paper No. 10) for the respective              
          positions of the appellant and the examiner with regard to the              
          merits of these rejections.                                                 
               Schweitzer, the examiner’s primary reference, discloses                
          plural embodiments of a spinning lariat or lasso.  In the                   
          embodiment shown in Figure 1,                                               
               a hand hold 10 is connected by means of a swivel 11                    
               to a fixed loop 12 formed in one end of a rope body                    
                                         -3-                                          





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