Appeal No. 97-0454
Application No. 08/089,375
The appellant's invention is directed to an apparatus for
restraining a necktie. The subject matter before us on appeal is
illustrated by reference to claim 5, which has been reproduced in
an appendix to the Appeal Brief.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Smith et al. (Smith) 4,324,004 Apr. 13, 1982
Jones 5,095,546 Mar. 17, 1992
(filed Feb. 1, 1990)
THE REJECTIONS
According to the Examiner’s Answer, the following rejections
stand:
Claims 5, 6, 10 and 11 under 35 U.S.C. § 103 as being
unpatentable over Jones in view of Smith.
Claims 5, 6, 10 and 11 under the judicially created doctrine
of obviousness-type double patenting as being unpatentable
over Jones in view of Smith and claims 1, 3, 6 and 7 of U.S.
Patent No. 5,239,707.
The rejections are explained in the Examiner's Answer. The
opposing viewpoints of the appellant are set forth in the Appeal
Brief.
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