Appeal No. 96-1747 Application 08/299,839 examiner. The determinations we have made and the reasoning behind them are set forth below. The Rejection Under 35 U.S.C. § 112, Second Paragraph The examiner's reasons for rejecting the claim are found in the advisory action mailed May 5, 1995, and in the answer at page 3. The appellant does not contest this ground of rejection (brief, pages 2 and 3). Therefore, we are constrained to sustain this rejection. The Rejection Under 35 U.S.C. § 102(b) Claim 6 stands rejected as being anticipated by Vario. The claim is directed to a form tie comprising an elongated rod of constant diameter having "three saddle shaped portions, two of which are spaced apart and opening in the same vertical direction, and the third of which opens in the opposite vertical direction and is located between said two spaced apart portions." See, appellant's Figure 17. The examiner argues that the three bent portions or kinks shown in the rod (10) in Figure 1 of Vario are "saddle shaped" and coplanar and, therefore, the language quoted above reads 5Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007