Ex parte STEWART - Page 5




                     Appeal No. 98-2357                                                                                                                                                
                     Application 08/772,336                                                                                                                                            


                     flexible strap is pulled through the coil's inner diameter.                                                                    3                                  
                     Recognizing that the flexible strap 1 of Tugwood (which has a                                                                                                     
                     rather large rectangular ring 11 sewn into one end thereof)                                                                                                       
                     does not appear to have a width and flexibility such that it                                                                                                      
                     can be pulled through the inner diameter of the coil 3, the                                                                                                       
                     examiner has relied on the teachings of Cook.  While the                                                                                                          
                     examiner has correctly noted that Cook teaches a coil having                                                                                                      
                     an inner diameter of 1 3/4 inches, Cook does so in a                                                                                                              
                     completely disparate context.  That is, Cook teaches the                                                                                                          
                     storage of a coiled length of telephone cord within the                                                                                                           
                     housing of a telephone (see Fig. 1) or a coiled length of                                                                                                         
                     electrical cord within the base of a lamp (see Fig. 7).                                                                                                           
                     Absent impermissibly relying upon the appellant's own                                                                                                             
                     teachings, we are at a total loss to understand why one of                                                                                                        
                     ordinary skill in this art would have been motivated to                                                                                                           


                                3The appellant does not appear to dispute the examiner's                                                                                               
                     position that, if the teachings of Tugwood and Cook were                                                                                                          
                     combined in the manner proposed, the coil 3 of Tugwood (as                                                                                                        
                     modified by Cook) would be inherently capable of being                                                                                                            
                     reversed in the claimed manner.  Instead, the appellant has                                                                                                       
                     focused on the contention that there is no suggestion in Cook                                                                                                     
                     which would lead one of ordinary skill in the art to enlarge                                                                                                      
                     the inner diameter of Tugwood's coil such that the flexible                                                                                                       
                     strap could be pulled through it in the claimed manner.                                                                                                           
                                                                                          5                                                                                            





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