Appeal No. 99-0622 Page 14
Application No. 08/637,717
juncture between a support structure (a building or pole) and
the harness is between the positioning strap and the support
structure and this juncture is not disclosed as being
rupturable when subjected to a force in excess of the
disclosed threshold. The disclosed weaker/rupturable juncture
is at connection (16,18), which is disposed between the belt
portion of the harness and the "connecting means" portion of
the harness, not between the support structure and the
harness.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 42, 44 through 47 and 50 under 35 U.S.C. § 102(b) and
claims 25 through 31, 36, 37, 39, 41, 43, 52 and 54 under 35
U.S.C. § 103 is reversed and a new rejection of claims 25
through 39 and 41 is added pursuant to the provisions of 37
CFR 1.196(b).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53131, 53197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. Office 63, 122 (Oct. 21, 1997)). 37 CFR §
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