Appeal No. 98-2086
Application 08/539,353
rotation of the first arm with respect to the second arm.
The references relied upon by the examiner as evidence of
anticipation are:
Grisel 4,059,209 Nov. 22, 1977
McIntosh et al. (McIntosh) 5,544,505 Aug. 13, 1996
(§ 102(e) date of Nov. 28,
1994)
Claims 1, 2 and 5 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Grisel, and claims 3 and 6 stand
rejected under 35 U.S.C. § 102(e) as being anticipated by
McIntosh.
Reference is made to the appellant's main and reply
briefs (Paper Nos. 21 and 23) and to the examiner's final
rejection and answer (Paper Nos. 12 and 22) for the respective
positions of the appellant and the examiner with regard to the
merits of these rejections.
Turning first to the § 102(b) rejection of claims 1, 2
and 5, Grisel discloses a carrier "used by skiers in the
carrying of their skis and poles and . . . to secure such
equipment against theft when it is not in use" (column 1,
lines 6 through 9). The carrier 10 consists of a pair of side
3
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