Ex parte STONE - Page 6




          Appeal No. 96-1511                                                          
          Application 08/063,919                                                      



               The examiner justifies the proposed combination of Wolsh in            
          view of Clay (rejection e) by concluding that it would have been            
          obvious to one of ordinary skill in the art to modify the truss-            
          engaging clip portion of Wolsh’s molded plastic pipe-holding                
          device by configuring it in accordance with the suitcase-engaging           
          clip portion of Clay’s metallic strip umbrella-holding device “to           
          better hold the [Wolsh] device adjacent another member” (main               
          answer, page 5).  The examiner does not explain, however, nor do            
          Wolsh and Clay teach or suggest, why such a modification would              
          enhance the clip portion of Wolsh’s device.                                 
               Finally, the examiner justifies the proposed combination of            
          Engvall in view of Clay (rejection h) by concluding that it would           
          have been obvious to one of ordinary skill in the art to modify             
          the holder device disclosed by Engvall by incorporating lobes as            
          in Clay to provide the device with a more secure retention                  
          capability.  Here again, however, Clay does not teach or suggest            
          that the lobes on the device disclosed therein provide this                 
          capability.                                                                 
               The following rejections are entered pursuant to 37 CFR                
          § 1.196(b).                                                                 
               Claims 1, 2 and 7 through 9 are rejected under 35 U.S.C.               
          § 103 as being unpatentable over Copell in view of Engvall.                 
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