Ex parte KUFFEL - Page 8




          Appeal No. 95-2939                                                          
          Application 08/050,690                                                      
                                                                                     
               Appellant additionally argues that Osterland does not                  
          disclose resilient reversely bent extensions as recited in claim            
          6.  This argument is not persuasive because the legs in Osterland           
          do include resilient reversely bent members 34 and 36 (Figure 4).           
               The argument is also made by appellant that Osterland does             
          not disclose a centering tab as recited in claim 7.  This                   
          argument is likewise not persuasive because Osterlund discloses             
          tabs 38, 40 which are inwardly offset so that the outside of tabs           
          38 and 40 press against the hole in the mounting surface after              
          the legs pass through the hole and flex apart (Fig. 2).                     
               In view of the foregoing, we will sustain the examiner’s               
          rejection of claims 1, 2, 6 and 7 as unpatentable under 35 U.S.C.           
          § 102(b) as anticipated by Osterland.                                       
               Turning next to the rejection of claims 1, 2, and 6-9 as               
          anticipated by Nelson, the appellant argues that Nelson does not            
          disclose a strap accepting channel.  We agree with the appellant            
          that the area between legs 12 is not a strap accepting channel.             
          A "channel" is defined as "a closed course or conduit through               
          which anything passes."  Webster’s New Collegiate Dictionary                
          (G. & C. Merriam Co., 2d Ed., 1954).  The space between legs 12             
          cannot be considered a channel because it is not closed.  In                
          addition, the legs 12 cannot be considered to extend from the               

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007