Appeal No. 96-2597
Application No. 08/187,529
Webster’s Third New International Dictionary (1971) as "make
fast or join," and straps 44 and 60 of Barringer are joined in
a broad sense to the user’s body, while still being removable
therefrom, so that they are "removably attach[ed]," as
recited. In view of appellant’s argument concerning
Barringer’s straps "merely" encircling the body, we note that
appellant’s stabilizers 2, 3 are themselves attached to the
user by straps 19, 20 which encircle the user’s body.
Accordingly, the Barringer rod holder includes
stabilizers as claimed, and since in normal usage of the
Barringer apparatus one would inherently perform the steps
recited in claim 24, claim 24 is anticipated by Barringer.
In re King, 801 F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir.
1986). The rejection of claim 24 will be sustained.
Conclusion
The examiner’s decision to reject claims 1, 6 and 12 is
reversed, and to reject claim 24 is affirmed.
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