Ex parte BACQUE - Page 4




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


                          13.  The loop 12 defines one end of a spindle                                                                                 
                          portion 14 of the rope body 13 which is a continuous                                                                          
                          section of rope.  The other end of the spindle 14 is                                                                          
                          defined by a repositionable adjustable keeper 15                                                                              
                          which also defines a spinning loop 16 at the point                                                                            
                          13a where it attaches to the second end position of                                                                           
                          the rope body 13.  The details of the keeper 15 are                                                                           
                          shown more fully in co-pending application Ser. No.                                                                           
                          264,186,  but it generally is a two-piece member[2]                                                                                                            
                          having opposed curved rope retaining portions                                                                                 
                          connected by a flange with screw fastening means                                                                              
                          through the flange portions, holding the fastening                                                                            
                          means together, and when tightened, it exerts                                                                                 
                          pressure on the rope to hold the rope in a fixed                                                                              
                          relation.  The free end 17 of the rope 13 is held by                                                                          
                          a keeper 15a against the section of rope body 13                                                                              
                          directly aligned with spindle 14 [column 1, line 68,                                                                          
                          through column 2, line 14).                                                                                                   
                          The principle issue with regard to the rejection of                                                                           
                 claims 1 through 5, 7 and 8 is whether Schweitzer teaches, or                                                                          
                 would have suggested, a lasso toy meeting the recitation in                                                                            
                 independent claim 1 of means cooperating between the second                                                                            
                 end and intermediate portion of the rope for detachably                                                                                
                 securing same to create a noose wherein the securing means                                                                             
                 permits the second end to release from the intermediate                                                                                
                 portion under limited predetermined tension in the noose to                                                                            
                 thereby prevent unsafe use of the toy.  The appellant’s                                                                                


                          2This application matured into U.S. Patent No. 3,249,356,                                                                     
                 which is of record in the instant application.                                                                                         
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