Ex parte MCATARIAN - Page 9




                 Appeal No. 1998-0030                                                                                     Page 9                        
                 Application No. 08/151,960                                                                                                             


                 and a cylindrical rubber body portion 20.  The container 14                                                                            
                 also includes endless resilient wire rings 15 and 16 and                                                                               
                 intermediate spring metal or other stays 17 interconnecting                                                                            
                 the rings 15 and 16.  Frost teaches (page 2, left column,                                                                              
                 lines 28-49) that the resilience of the stays 17 and the                                                                               
                 pivotal connections thereof with the rings 15 and 16, and the                                                                          
                 flexibility of the body portion 20, the container 14 may be                                                                            
                 collapsed until the rings are adjacent each other.   Normally,                            6                                            
                 the stays are substantially straight to maintain the container                                                                         
                 14 distended with the rings 15 and 16 fully spaced apart and                                                                           
                 the body portion taut.                                                                                                                 


                         Based on our analysis and review of Van Romer and the                                                                         
                 claims under appeal, it is our opinion that the differences                                                                            
                 are (1) the "pocket formed in said wall . . ." limitation; and                                                                         
                 (2) the "spring truss fitted within said pocket . . ."                                                                                 
                 limitation.                                                                                                                            




                          6We do not consider this to be a band-type fold as this                                                                       
                 phrase is defined on page 10 of the appellant's specification.                                                                         








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