Ex parte NORDTVEDT - Page 2




          Appeal No. 96-1058                                                          
          Application 08/211,143                                                      


               The claimed invention relates to an escape device for use in           
          exiting a building.  Claim 8 is illustrative and defines the                
          claimed invention as follows with bracketed numerals added for              
          purposes of our discussion:                                                 
               8.  An escape device comprising                                        
               [1] a collapsible tubular stocking having a plurality of               
          longitudinally disposed sections, each said section having a                
          vertically extending back portion and an obliquely extending                
          front portion defining a funnel-shaped passage therebetween;                
               [2] a plurality of bracing rings secured to said stocking at           
          spaced apart intervals, each bracing ring being disposed between            
          a respective pair of said stocking sections and defining an                 
          access opening into a funnel-shaped passage of a respective                 
          stocking section therebelow; and                                            
               [3] a plurality of rigid connecting means, each said                   
          connecting means being secured to a respective bracing ring to              
          project from said ring for mounting in an opening of a building             
          to provide an access path for an occupant of the building to a              
          respective access opening for entry into said stocking.                     
               Claims 8 through 10 and 12 through 17 stand rejected under             
          35 U.S.C. § 103 as unpatentable over Nordtvedt (U.S. Pat. No.               
          4,595,074, granted June 17, 1986) in view of Schuett (U.S. Pat.             
          No. 275,083, granted April 3, 1883).  The examiner states                   
          (answer, pp. 2-3), and the appellant concedes, so far as claim 8            
          is concerned (brief, p. 5), that Nordtvedt discloses an escape              
          device like that claimed in the clauses [1] and [2] of claim 8.             
          The examiner recognizes that Nordtvedt fails to disclose the                


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