Appeal No. 98-1314
Application No. 08/421,640
further consideration by the examiner under the provisions of
37 CFR
§ 1.142(b) as being directed to a nonelected species.
We AFFIRM-IN-PART.
The appellants' invention pertains to a fastening tab and
to an article having such a fastening tab. Independent claims
36 and 38 are further illustrative of the appealed subject
matter and copies thereof may be found in the appendix to the
brief.
The references relied on by the examiner are:
Krushel 4,773,906 Sep. 27,
1988
Rossini et al. (Rossini) 5,312,387 May
17, 1994
Flug et al. (Flug) 5,401,275 Mar. 28,
1995
Claims 1, 2, 4, 6-9, 11-15, 17-22 and 25-41 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Krushnel in view of Rossini. According to the examiner:
Krushnel discloses the claimed invention except
for T-shaped tabs with a distal portion and an
inboard portion and requires the distal portion of
the securing means leading region having a length
dimension which is less than a length dimension of
the inboard portion of the securing means leading
region. It would have been an obvious matter of
2
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