Ex Parte MORRISON et al - Page 7



                    Appeal No. 2002-0487                                                                                                                                  
                    Application No. 09/377,371                                                                                                                            

                              Appellants argue that Boyer does not disclose a means for                                                                                   
                    protecting.  However, the limitation is construed in light of the                                                                                     
                    specification to be a rubber strap.  Boyer discloses such a                                                                                           
                    strap, and Boyer clearly teaches use of the rubber strap on a                                                                                         
                    tightening strap.  Note that "as long as some motivation or                                                                                           
                    suggestion to combine the references is provided by the prior art                                                                                     
                    taken as a whole, the law does not require that the references be                                                                                     
                    combined for the reasons contemplated by the inventor."  In re                                                                                        
                    Beattie, 974 F.2d 1309, 1312, 24 USPQ2d 1040, 1042 (Fed. Cir.                                                                                         
                    1992) citing In re Kronig, 539 F.2d 1300, 1304, 190 USPQ 425,                                                                                         
                    427-28 (CCPA 1976); In re Lintner, 458 F.2d 1013, 1016, 173 USPQ                                                                                      
                    560, 562 (CCPA 1972).                                                                                                                                 
                                                                              Summary                                                                                     
                              The rejection of all claims on appeal has been affirmed.                                                                                    










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