Appeal No. 1997-3706
Application 08/406,108
in column 4 lines 3-5, Saari et al notes that the
device can be used to carry other elongate sporting
devices. It would have been obvious to carry a golf
umbrella in the shoulder strap of Saari et al for
freeing the hands of the user and as Saari et al
notes the carrying of other elongate sporting
devices, of which, a golf umbrella falls into this
category. As the gun and fishing rod are shown
attached at opposite ends, it would have been
obvious to attach the umbrella in the same manner
for allowing balanced carrying. The apertures 78
remain permanently closed if not removed and
apertures 92 are permanently closed. [Answer, p. 4]
While appellant argues on page 8 of the brief that it
would not have been obvious to use the Saari device to carry
an umbrella we do not agree, for the reasons stated by the
examiner, supra.
Appellant further argues that neither Saari's loops 78
nor slots 92 are “elastic cuffs . . . formed of a permanently
closed loop of flexible, elastic material” as recited in claim
1 (brief, page 7; reply brief, page 4). We agree. As for
loops 78, the examiner contends that they are “permanently
closed if not removed” (answer, page 4), but it is evident
from this statement that if they are not closed when removed,
then they are not formed of permanently closed loops, which is
what claim 1 requires. Slots 92 likewise do not meet the
5
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