Appeal No. 2000-0759
Application No. 08/772,198
as is set forth in claim 8, and also in claim 11 in slightly
different terms.
Like appellant (brief, pages 5-8), it is our
understanding that Bailey does not have a tab that extends
away from the coupler to an apex and then back toward the
coupler to terminate at a tab end. A careful review of the
Bailey patent at column 3, line 37 through column 4, line 22
indicates that the tab or latching lug (27) therein has a
portion that extends upwardly (from bend line 43) away from
the coupler to a diagonal bend line (49) and from there is
bent further upwards and away from the coupler, thereby
providing a corner (at 47') that is elevated and deflected
away from the medial portion (33) of the clip. Thus, in
contrast to the examiner's position, we do not see how the
bend line (49) in Bailey can be said to correspond to the
"apex" of appellant's tab, or that Bailey's tab (27) includes
first and second portions constructed and arranged as set
forth in appellant's claims on appeal, especially, a second
portion that "extends from the apex toward the coupler and
toward the back side of the panel and terminating at the first
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