Ex parte LABESKY - Page 2




          Appeal No. 1998-3286                                                        
          Application 08/233,914                                                      


          hardened spring steel coiled into a circular shaped body with               
          a frusto-conical configuration having an inner diameter and an              
          outer diameter wherein said strip has two free ends, the                    
          coiled spring steel body having a rest condition with said                  
          free ends spaced to provide a gap therebetween and a joined                 
          condition in which said body is in tension, said free ends                  
          being coplanar in said joined condition, and means for                      
          releasably holding said free ends together in said joined                   
          condition against the tension of said spring steel body.                    
               The references applied in the final rejection are:                     
          Philion                       438,822                  Oct. 21,             
          1890                                                                        
          Astle                         1,248,473                Oct.  6,             
          1971                                                                        
          (Great Britain)                                                             
               Claims 1, 4, 6, 8 and 9 stand finally rejected under 35                
          U.S.C. § 103(a) as unpatentable over Astle in view of Philion.              
               The examiner states the basis of the rejection on page 2               
          of the final rejection as follows (spelling of "Philion"                    
          corrected):                                                                 
               Astle teaches the claimed invention except for                         
               forming the spring having a rest condition with the                    
               free ends spaced and a joined condition in which the                   
               spring is in tension.  Philion teaches a hoop with                     
               coplanar interlocking free ends made of spring-                        
               tempered metal that is formed with a rest condition                    
               where the free ends are spaced and a joined                            
               condition [where] the ends interlock coplanarly and                    
               hold the ends securely.  See Figs 4 and 5 and the                      
               related text on page 1, lines 60-71 of Philion.  It                    

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