Ex parte WILDE - Page 5




          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                  
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