Appeal No. 98-1038
Application 08/438,512
(see Figure 6). To this end, the fastener includes a pair of
elongated filaments 16 joined at one end by a seamless
connector 40 and carrying at their other ends penetrating
parts or cross bars 12 and 14. Bone teaches that
[i]n a typical embodiment . . . the filament 16
extends approximately four inches in length while
parts 12, 14 are approximately 13/32 in. in length
and 0.070 inch in diameter. It should be noted
however, that these dimensions may be varied
considerably depending upon the particular
attachment and its specific end use application
[column 4, lines 36 through 43].
The examiner submits that "it would have been obvious to
one of ordinary skill in the ar[t] at the time the invention
was made
to choose 0.1 inches as a considerable variation of 13/32 (0.4
inches), the Bone cross bar dimension" (final rejection, page
3). The examiner goes on to explain that
[t]he crossbar must be of a length long enough to
prevent pulling through the weave of a fabric of the
merchandise, and yet it cannot be too long such that
it cannot be applied with an attachment tool. The
aforementioned variables support the Examiner[']s
conclusion that it would have been obvious to one of
ordinary skill in the art to "considerably vary" the
length of the cross bar of Bone et al such that it
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