Ex parte KRIVEC et al. - Page 18




          Appeal No. 2001-0099                                                        
          Application No. 09/042,431                                                  


               The examiner's attention is directed to column 7, lines                
          14-62, of Jarvis '924, as well as to Figure 52 of Jarvis '924,              
          which appears to illustrate a retaining slot extending                      
          outwardly at a right angle from one end of an engagement slot.              
          With regard to Jarvis '787, the examiner's attention is                     
          directed to the disclosure at column 4, line 3, to column 5,                
          line 7, and Figures 6, 6A, 6B and 7.                                        
                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 1, 4, 5, 7-16 and 21 under 35 U.S.C. § 103 is affirmed               
          as to claim 21 and reversed as to claims 1, 4, 5 and 7-16.                  
          Additionally, the application is remanded to the examiner for               
          consideration of the issues noted above.                                    
               In addition to affirming the examiner's rejection of one               
          or more claims, this decision contains a remand.  37 CFR                    
          § 1.196(e) provides that                                                    
               Whenever a decision of the Board of Patent Appeals and                 
               Interferences includes or allows a remand, that decision               
               shall not be considered a final decision.  When                        
               appropriate, upon conclusion of proceedings on remand                  
               before the examiner, the Board of Patent Appeals and                   
               Interferences may enter an order otherwise making its                  
               decision final.                                                        


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