Appeal No. 1997-3706
Application 08/406,108
The basis of this rejection is stated on page 3 of the
examiner's answer as follows:
As seen in figure 7, Taylor discloses a carrying
device formed with two aperture loops (24,25) for
carrying an umbrella. The device does not disclose
the claimed positioning between the device and the
umbrella for the particular embodiment nor the strap
being formed from an elastic material. However,
Torres and Taylor (Figure 3) show the attachment of
a shoulder strap on the handle and bottom of an
umbrella while Foo discloses elastic as a shoulder
strap material. It would have been obvious to
position the device (23) of Taylor on the handle and
bottom of the umbrella as such arrangement is known
as shown in Torres and in Figure 3 of Taylor, a mere
choice between known arrangements. It also would
have been obvious to make the aperture loop elastic
as shown by Foo for providing a better grip between
the strap and the umbrella.
We will not sustain this rejection. The device 23 shown
in Taylor's Fig. 7, to which the examiner refers, is disclosed
as being mounted with the upper loop 24 about a spine member
(rib) 12a of the umbrella, and the lower loop 25 about the
umbrella tip, as shown in Fig. 6 (col. 4, lines 19 to 23).
Even assuming that it would have been obvious to make the
Taylor loops 24, 25 of elastic, as the examiner proposes, in
3
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