Ex Parte Hu - Page 12




             Appeal No. 2004-0912                                                                                  
             Application No. 09/942,061                                                                            

              contains a first and a second end wall.5  The elastic element (42) is located in the first           
              and second receptacles between the first end wall and the second end wall.                           
                                                CONCLUSION                                                         
                     For the foregoing reasons, based on the totality of the record, we affirm  the                
              rejection of claims 21 to 25, 40, 41 and 57 to 59  under the judicially created                      
              doctrine of obviousness-type double patenting as being unpatentable over claims 3,                   
              4, 27, 34-37 of U.S. Patent No. 6,282,992.  We reverse the remaining rejections.                     




















                    5  Note the “v” shaped wall of receptacle (43) appears to function as one wall for the peg and a separate
             wall for the spring.                                                                                  
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