Ex parte COOPER - Page 2




          Appeal No. 98-1038                                                          
          Application 08/438,512                                                      


                    William J. Cooper appeals from the final rejection                
          of claims 1, 2 and 7, all of the claims pending in the                      
          application.  We reverse.                                                   


               The invention relates to a plastic fastener of the sort                
          used in the retail industry to attach tags to articles of                   
          clothing.  Claim 1 is illustrative and reads as follows:                    
               1.  A fastener adapted for attachment to a sheet of                    
          material, said fastener comprising a unitary plastic member                 
          shaped to include an elongated filament having a cross bar at               
          one end thereof, said cross bar being insertable through the                
          sheet of material and engageable with the opposite side                     
          thereof to retain said fastener thereon, said cross bar being               
          sufficiently short in length so that, once said cross bar has               
          been inserted through an installation hole in the sheet of                  
          material, said cross bar cannot easily be manipulated in such               
          a way as to be aligned with and withdrawn through the                       
          installation hole, said cross bar having a length of                        
          approximately 0.1 inch.                                                     

               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
               Bone (Bone '666)              3,103,666           Sept. 17,            
          1963                                                                        
          Bone et al. (Bone '854)                 4,901,854           Feb.            
          20, 1990                                                                    
               Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Bone '854, and claim 7 stands rejected              

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