Ex parte NOBLE - Page 2




                  Appeal No. 97-1153                                                                                                                      
                  Application 08/335,939                                                                                                                  



                           The appellant’s invention pertains to a clamping apparatus                                                                     
                  for connecting first and second members together.  Independent                                                                          
                  claim 1 is further illustrative of the appealed subject matter                                                                          
                  and a copy thereof may be found in EXHIBIT A to the appellant’s                                                                         
                  brief.                                                                                                                                  
                           The references relied on by the examiner are:                                                                                  
                  Daniell                             3,005,614                                    Oct. 24, 1961                                          
                  Poitier     2                       495,157                                      Aug. 01, 1950                                          
                  (Belgium)                                                                                                                               
                           Claims 1-3 and 6-8 stand rejected under 35 U.S.C. § 103 as                                                                     
                  being unpatentable over Poitier in view of Daniell.  According to                                                                       
                  the examiner:                                                                                                                           
                                    Potier [sic, Poitier] shows the claimed invention                                                                     
                           in Figs. 10 and 11, including a disc-like clamping                                                                             
                           member a1, flour slots (see enclosed copy of Fig. 11) ,                                         3                              
                           first and second fastener means, and third and fourth                                                                          
                           fastener means.  Potier [sic, Poitier], however, lacks                                                                         
                           slots which have a length greater than their width,                                                                            
                           separate first and second fastener means, separate                                                                             
                           third and fourth fastener means and separate clamping                                                                          
                           links.  Potier [sic, Poitier] teaches in Fig. 42,                                                                              
                           arcuate slots in the disc-like clamping member.                                                                                

                           2Translation attached.                                                                                                         
                           3In support of this rejection the examiner has attached a                                                                      
                  copy of Fig. 11 of Poitier, superimposing labeling thereon to                                                                           
                  identify the structure which the examiner believes corresponds to                                                                       
                  the first through fourth slots and the first through fourth                                                                             
                  fastener means.                                                                                                                         
                                                                            2                                                                             





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