Ex parte CARSON et al. - Page 4



          Appeal No. 1998-2988                                                        
          Application No. 08/502,560                                                  


          to assume that QWIK-STIK allows for multiple orientations                   
          between the transfer tool and the mounting fixture.                         
               The examiner (Answer, page 3) points to the statement in               
          the advertisement that "installation can even be accomplished               
          in offset manholes" as a suggestion that QWIK-STIK's fixture                
          is mountable to the transfer tool in a plurality of                         
          orientations.  Appellants respond (Brief, page 18) that                     
          adjustment for offset manholes refers to variations in length,              
          not orientation.  We agree with appellants, as the statement                
          referenced by the examiner appears in the description of how                
          to obtain the appropriate length for the pole, or transfer                  
          tool.                                                                       
               Claim 1 further requires that the object may be moved and              
          released "at a distance spaced from said longitudinal axis" of              
          the transfer tool.  The examiner asserts (Answer, page 3) that              
          "the posts and line [are] (operatively) connecting (to) the                 
          fixture (mounting band) at a location spaced from the                       
          longitudinal axis of the transfer tool (pole sections) as                   
          viewed [sic, in] the figures" (underlining ours).  We find no               
          figures showing any space between the posts and the                         
          longitudinal axis of the transfer tool.  QWIK-STIK shows the                

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