Ex parte STURM et al. - Page 12

          Appeal No. 97-3187                                                          
          Application No. 07/999,422                                                  

          fee after notification of the examiner's refusal to enter the               
          appellants' amendment under Rule 312 (Paper No. 10, filed                   
          September 26, 1989).  Under the "one-way" test for                          
          obviousness-type double patenting, we must determine whether                
          the  pending claims 1, 2, 5 and 6 define merely an obvious                  
          variation of claims 1, 3 and 7 from U.S. Patent No. 4,901,661.              

          Pending claim 1                                                             
               A comparison of pending claim 1 and claim 1 from U.S.                  
          Patent No. 4,901,661 reveals that both are directed to a                    
          decorative ribbon comprising (1) a web of ribbon material a                 
          folded edge, (2) a wire filament disposed along and within the              
          folded edge; and (3) stitch means for securing the folded edge              
          of the web to the wire filament, wherein the stitch means                   
          includes a trim filament substantially covering the edge and                
          the wire filament from view and a binding filament passing                  
          through the web of ribbon material and around the trim                      
          filament to secure the wire filament and the trim filament to               
          the folded edge.  However, this comparison also reveals that                
          pending claim 1 recites the following features that claim 1                 
          from U.S. Patent No. 4,901,661 does not recite: (1) the web                 

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