Ex parte ANDERSON - Page 15




          Appeal No. 96-2623                                                          
          Application No. 08/240,095                                                  


          112 permits the collar 108 and the hanger 110 to be adjusted                
          vertically along tubular member 94 to maintain cap 114 in a taut            
          condition.  The set screw 112 does not vertically adjust the                
          position of the pressure head 50.  The vertical position of                 
          Stiff's pressure head is adjustable by (1) the arrangement of               
          slot 90 in pin 90, openings 98 in tubular member 94 and pin 100,            
          (2) the action of compression spring 104, and (3) the number of             
          washers 106 present between the spring 104 and the lower surface            
          of the pressure head 50.  However, no vertical adjusting screw              
          for raising and lowering Stiff's pressure head is present.                  


               In light of the foregoing, we will not sustain the standing            
          § 103 rejection of claim 5.                                                 


               Under the provisions of 37 CFR § 1.196(b), we enter the                
          following new ground of rejection:                                          
               Claim 5 is rejected under 35 U.S.C. § 103 as being                     
          unpatentable over Stiff in view of Johnston and old and well                
          known prior art.                                                            


               The teachings of Stiff and Johnston are set forth in the               
          discussion of parent claim 1 above.  Additionally, the use of a             

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