Appeal No. 97-4178
Application No. 08/474,943
Rejection (2)
The argument with regard to claims 9 to 11, 13 and 14
centers around whether the clip disclosed in Chollet’s Figs. 7
to 13 includes the following element of claim 9:
maintaining means, connected to said base
member, for maintaining sliding engagement of said
base member with at least one of the shoulder straps
when the securing device is released.
We do not find this terminology in the specification, but it
is evidently intended to refer to the slots 36 and tongue 40
of appellants’ clip 34.
The examiner reads the above-identified means on the bar
24 and slot 26 arrangement of Chollet, contending that when
the bar is in the position shown in Fig. 10, strap 6 can move
relative to base member 22 of the clip (answer, pp. 4 and 8).
Appellants argue, first, that in Fig. 10 position the Chollet
clip could not slide on the belt 6, but is merely at an
intermediate position. However, this argument is not
sustainable in view of Chollet’s disclosure at page 11, lines
11 to 14, that (emphasis added):
In the following stage, shown in figure 10, the bar
is swung in the direction of body 22 inside the fold
35, and the body of the loop is adjusted in position
by sliding over element 6 of the belt.
7
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