Ex parte CHAPMAN - Page 9




          Appeal No. 96-4149                                                          
          Application 08/276,436                                                      


          individually fastened to the support channel 10, it cannot be               
          said that Horvath anticipated claims 1 to 5 and 7.  As to the               
          anticipation rejection of claim 6 based on Mayr, claim 6                    
          requires that the first bracket has an elongated slot wider                 
          than the width of the strap-like member to allow movement of                
          the strap relative to the first                                             




          bracket.  Notwithstanding the examiner finding that Mayr’s                  
          buckle 75 is configured "to accommodate the width of the belt               
          or strap [79]" (answer, page 4), we see nothing in Mayr that                
          meets the elongated slot limitation of claim 6.  In light of                
          the foregoing, it is clear that the § 102 rejection of claims               
          1 to 5 and 7 as being anticipated by Horvath, and the § 102                 
          rejection of claim 6 as being anticipated by Mayr, cannot be                
          sustained.  We therefore reverse these rejections on the                    
          merits.                                                                     
               Pursuant to our authority under 37 CFR § 1.196(b), we                  
          enter the following new rejections.                                         
               Claims 1 to 7 are rejected under 35 U.S.C. § 112, second               
          paragraph.                                                                  
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