Appeal No. 98-2049
Application 08/549,061
securing material. Independent claim 10 is generally similar
in scope to claim 1, but requires, instead of the securing
means set forth in claim 1, hook and loop fastening material
cooperable between the second end and intermediate portion of
the rope to form the rope into a noose, with the material
being dimensioned and configured to permit release of the
second end from the intermediate portion upon predetermined
limited tension of the noose to thereby prevent unsafe use of
the toy. The examiner’s reliance on Sauerbrey in combination
with Schweitzer and Muys to meet the hook and loop limitations
in claims 6, 9 and 10 is not well founded.
Sauerbrey discloses a high jump assembly 10 consisting of
upright standards 12, 14, brackets 18, 20 adjustably mounted
on the standards, and a ribbon releasably connected at each
end to the brackets via hook and loop fasteners designed to
disengage when subjected to a predetermined tear force (see,
for example, column 6, lines 56 through 59) to prevent injury
to a jumper.
Even if Sauerbrey is assumed for the sake of argument to
be analogous art (the appellant submits that it is not), there
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