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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