Ex parte VANGOMPEL et al. - Page 4




                 Appeal No. 98-1314                                                                                                                     
                 Application No. 08/421,640                                                                                                             


                          The arguments of the appellants and examiner in support                                                                       
                 of their respective positions may be found on pages 14-29 of                                                                           
                 the brief, pages 1-4 of the reply brief,  and pages 7 and 8 of          2                                                              
                 the answer.                                                                                                                            


                                                                     OPINION                                                                            
                          Considering first the rejections under 35 U.S.C. § 103 of                                                                     
                 (a) claims 1, 2, 4, 6-9, 11-15, 17-22, 25-35, 37 and 38 as                                                                             
                 being unpatentable over Krushnel in view of Rossini and (b)                                                                            
                 claims 1, 2, 4, 6-15, 17-22, 25-35, 37 and 38 as being                                                                                 
                 unpatentable over Flug in view of Rossini, the appellants                                                                              
                 vigorously contend that the provision of a (1) substantially                                                                           
                 T-shaped securing means leading region (independent claims 1,                                                                          
                 21 and 37), (2) a substantially T-shaped securing means                                                                                
                 leading region with a narrowed medial region (dependent claim                                                                          
                 17) and (3) a substantially T-shaped securing means with a                                                                             

                          2In both the brief and reply brief, the appellants have                                                                       
                 relied on an unpublished Board opinion ("Ex parte William                                                                              
                 Garrett").  We must point out, however, that unpublished Board                                                                         
                 opinions are not binding as precedent (Ex parte Holt, 19                                                                               
                 USPQ2d 1211, 1214 (Bd. Pat. App. & Int. 1991)) and citing such                                                                         
                 a decision as precedent is improper and inappropriate (see Ex                                                                          
                 parte Vossen, 155 USPQ 109, 110 (Bd. App. 1967)).                                                                                      

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