Ex parte WILDE - Page 3




          Appeal No. 96-1747                                                            
          Application 08/299,839                                                        


               installation of ties horizontally space apart with                       
               the longitudinal axis thereof at a common elevation,                     
               with the saddle shaped portions of successive ties                       
               alternately opening upwardly and downwardly about                        
               the elongate reinforcing member; said form tie                           
               further comprising                                                       




                    at least one additional saddle shaped portion,                      
               said additional portion opening in opposite                              
               direction vertically from that of said saddle shaped                     
               portion, and sized to accept at least one elongate                       
               reinforcing member having a horizontal axis, the                         
               depth of the additional saddle shaped portion being                      
               sufficient to permit installation of a series of                         
               ties horizontally spaced apart with the longitudinal                     
               axes thereof at a common elevation, with the                             
               additional saddle shaped portions of successive ties                     
               alternately opening upwardly and downwardly about                        
               the elongate reinforcing member; wherein said tie                        
               comprises                                                                
                    three saddle shaped portions, two of which are                      
               spaced apart and opening in the same vertical direc-                     
               tion, and the third of which opens in the opposite                       
               vertical direction and is located between said                           
               spaced apart portions.                                                   
               The prior art reference of record relied upon by the                     
          examiner in rejecting the appealed claim is:                                  
               Vario           4,247,073                Jan. 27, 1981                   
               The following rejections are before us for review:                       
               (1) Claim 6 stands rejected under 35 U.S.C. § 112, second                

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