Ex parte HAYNES - Page 2




          Appeal No. 97-1775                                                          
          Application No. 08/500,740                                                  


               Claim 8 is representative of the subject matter in issue:              
               8.   A retaining mechanism for releasably securing a                   
          cylindrically shaped object including:                                      
               a first means, adaptable for being fixedly mounted, for                
          receiving and partially securing the cylindrically shaped object;           
               a rotating arm, independent of, but rotatively coupled to              
          said first means, for receiving and partially securing the                  
          cylindrical[ly] shaped object, the arm having both ends free and            
          rotatable about a fixed intermediate position between the free              
          ends thereof and a fixed point on said first means, whereby upon            
          receiving the cylindrical[ly] shaped object, said rotating arm              
          rotates, relative to said first means, such that the                        
          cylindrical[ly] shaped object is placed within the confines of              
          said first means and the rotating arm holds the cylindrical[ly]             
          shaped object therein until selectively released; [and]                     
               means coupling the first means and the rotating arm for                
          releasably holding any relative position there between, such that           
          upon placing the cylindrically shaped object within the rotating            
          arm, said means for releasably holding any relative position                
          there between allows the rotating arm rotates [sic: to rotate]              
          relative to the first means to confine the cylindrically shaped             
          object within the grasp of said first means and the rotating arm            
          until selectively released.                                                 
               The references applied in rejecting the appealed claims are:           
          McGuire                       5,024,405           Jun. 18, 1991             
          Marcusen                      5,171,061           Dec. 15, 1992             
          Evels et al. (Evels)          5,419,479           May  30, 1995             
                                                  (filed Apr. 19, 1994)               

               The appealed claims stand rejected as follows:                         
          (1) Claim 8, anticipated by Marcusen, under 35 U.S.C. § 102(b);             
          (2) Claim 8, anticipated by Evels, under 35 U.S.C. § 102(e);                



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