Appeal No. 98-1038
Application 08/438,512
under 35 U.S.C. § 103 as being unpatentable over Bone '854 in
view of Bone '666.
Reference is made to the appellant's brief (Paper No. 18)
and to the examiner's final rejection and answer (Paper Nos.
11 and 19) for the respective positions of the appellant and
the examiner with regard to the merits of these rejections.
The dispositive issue in this appeal is whether Bone
'854, the examiner's primary reference, would have suggested a
fastener meeting the limitation in claim 1 requiring the cross
bar to be
sufficiently short in length so that, once said
cross bar has been inserted though 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with and withdrawn through the installation hole,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.
Bone '854 discloses a plastic fastener capable of a
variety of uses such as securing matching garments together
(see Figure 7) or forming a hanging loop for a single garment
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