Ex parte WASSERMAN - Page 10




          Appeal No. 1998-1608                                      Page 10           
          Application No. 08/429,926                                                  


          Hicks' fastening strap so as to arrive at the subject matter                
          of claim 1.                                                                 


               For the reasons stated above, the decision of the                      
          examiner to reject claim 1 under 35 U.S.C. § 103 is reversed.               


          Claims 4 through 7                                                          
               The decision of the examiner to reject dependent claims 4              
          through 7 under 35 U.S.C. § 103 is reversed for the reasons                 
          stated above with respect to parent independent claim 1.                    


          Claim 8                                                                     
               With respect to claim 8, the examiner ascertained (final               
          rejection, p. 3) that                                                       
               Hicks does not anticipate the strap to be releasably                   
               attachable to the first flap (i.e., the overlapping one                
               of the two flaps).                                                     

          With regard to this difference, the examiner then determined                
          that                                                                        
               permanent affixation of the strap to either the                        
               overlapping flap or the overlapped flap would have been                
               obvious to a person of ordinary skill in the art given                 
               Hicks' teaching of overlapping flaps being secured with                







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