Ex parte CRUZ - Page 11




                 Appeal No. 1999-1505                                                                                    Page 11                        
                 Application No. 08/638,454                                                                                                             


                 Hawkins, Bauer and Byrd when considered together with the                                                                              
                 other prior art.                                                                                                                       


                          The examiner's field of search as indicated on the                                                                            
                 filewrapper was limited to Class 242, WINDING, TENSIONING, OR                                                                          
                 GUIDING.  The examiner's search did not include Class 225,                                                                             
                 SEVERING BY TEARING OR BREAKING,  or Class 312, SUPPORTS. 3                                          4                                
                 These classes appear to contain relevant subject and therefore                                                                         
                 a search therein would seem to be appropriate.                                                                                         


                                                                   CONCLUSION                                                                           
                          To summarize, the decision of the examiner to reject                                                                          
                 claims 12 through 19 under 35 U.S.C. § 112, second paragraph                                                                           
                 is affirmed; the decision of the examiner to reject claims 12                                                                          
                 through 19 under 35 U.S.C. § 103 is reversed; a new rejection                                                                          
                 of claims 12 through 19 under 35 U.S.C. § 112, first                                                                                   
                 paragraph, has been added pursuant to provisions of 37 CFR §                                                                           
                 1.196(b); and the application has been remanded to the                                                                                 
                 examiner for consideration of prior art and further search.                                                                            

                          3This class was searched in Chakravorty.                                                                                      
                          4This class was searched in Chakravorty, Bauer and Byrd.                                                                      






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