Ex parte CASTEL et al. - Page 6




          Appeal No. 96-1830                                                          
          Application 08/101,668                                                      


          11), the examiner contends that Votel’s loops 51 through 54                 
          “are located on the inward face of the support.  The loops do               
          extend beyond the support.  However, the base[s] of the loops               
          are located on the inward face of the support (Figure 3)”                   
          (answer, page 3).  Votel, however, does not provide any                     
          factual support for the examiner’s finding that the bases of                
          straps 51 through 54 are located on the inward facing surface               
          of support 10.  Moreover, even if the bases of the straps 51                
          through 54 were located on the inward facing surface of the                 
          support 10, the loops defined by the straps are not as is                   
          clearly evident from Figure 3.  Since Votel does not disclose               
          any other loops located on the inward facing surface of the                 
          support, this reference does not meet the above noted                       
          limitations in claims 1 and 23.  It therefore follows that the              
          subject matter recited in these claims is not anticipated by                
          Votel.                                                                      
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 102(e) rejection of claims 1 and 23, or of claims 2 through               
          5 which depend from claim 1, as being anticipated by Votel.                 
                                                                                     
               As for the standing rejection of claims 1 through 5 and                
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