Ex Parte Oyster et al - Page 5




              Appeal No. 2006-0863                                                                Παγε 5                                       
              Application No. 10/323,325                                                                                                       


                     We turn lastly to the examiner's rejection of claim 13 under 35 U.S.C. § 103 as                                           
              being unpatentable over Adams, Higuchi and Winslow.  The examiner relies on Winslow                                              
              for teaching a halter comprising a connecting assembly 20 in which a first strap of the                                          
              halter is engages with the crossbar of the assembly 20 and a connecting member (the                                              
              snap hook at 20) carried by a second strap end (at end 14) formed in the halter.                                                 
                     We will not sustain this rejection because claim 13 is dependent on claim 1 and                                           
              thus includes the subject matter regarding the other end of the arm being at all times                                           
              within the profile of the housing found lacking in Adams  and we have examined the                                               
              disclosure of Winslow and found that it does not cure the Adams deficiency.                                                      
                     The examiner's rejections of claims 1 to 3, 5, 7 to 12 and 26 has not been                                                
              sustained.  The examiner's rejection of claim 27 has been sustained.                                                             

































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