Ex parte GANS et al. - Page 13




          Appeal No. 1997-0262                                                        
          Application 08/286,795                                                      



          after reviewing the rejection as explained by the examiner on               
          pages 10-12 of the answer, we find the examiner’s position                  
          that one of ordinary skill in the art would have found it                   
          obvious to replace the permanent riveted connection between                 
          the bar (34), tether (30) and cover (22) in Rogers with a                   
          readily disconnect- able snap fastening connection means as in              
          MacFadden to be                                                             


          untenable and based on hindsight derived from appellants’ own               
          teachings.  For those reasons, we will not sustain the                      
          examiner’s rejection of claims 6, 7, 13 and 14 under 35 U.S.C.              
          § 103.                                                                      


                    In view of the foregoing, the examiner's decision                 
          rejecting claims 1 and 8 under 35 U.S.C. § 102(b) based on                  
          Sakakida, and the decision rejecting claims 3 through 7 and 10              
          through 16 under 35 U.S.C. § 103 are reversed.                              


                                      REVERSED                                        



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