Ex parte BACQUE - Page 2




          Appeal No. 98-2049                                                          
          Application 08/549,061                                                      


          examiner for further consideration.                                         


               The invention relates to “a lasso toy which is designed                
          to be safely and easily used by children of all ages”                       
          (specification, page 1).  Claim 1 is illustrative and reads as              
          follows:                                                                    
               1.   A lasso toy comprising:                                           
               a generally elongate rope;                                             
               a handle having an axial bore, said bore being                         
          dimensioned to slidingly receive said rope;                                 
               a swivel provided on a first end of said rope, said                    
          swivel cooperating with said handle to permit rotational                    
          movement of said handle about said rope while limiting axial                
          movement of said rope relative to said handle; and                          
               means cooperating between a second end of said rope and                
          an intermediate portion of said rope for detachably securing                
          said second end to said intermediate portion of said rope and               
          thereby create a noose, said securing means permitting said                 
          second end to release from said intermediate portion under                  
          limited predetermined tension in said noose to thereby prevent              
          unsafe use of said toy.                                                     
               The references of record relied upon by the examiner as                
          evidence of obviousness are:                                                
          Schweitzer          3,401,932                Sept. 17, 1968                 
          Muys                     4,375,886                Mar.   8, 1983            
          Sauerbrey                5,005,828                Apr.   9, 1991            
               Additional references of record discussed below are:                   
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