Ex parte SCHAUBACH - Page 14




          Appeal No. 1999-1987                                      Page 14           
          Application No. 08/400,129                                                  


          defined in claims 2 and 3, this statement was clearly meant to              
          mean only that the additional limitations set forth in claims               
          2 and 3 are met by the teachings of Alexander.  Thus, the                   
          subject matter of claims 2 and 3 are rendered obvious under 35              
          U.S.C. § 103 on the same basis as set forth above.                          


               For the reasons set forth above, the decision of the                   
          examiner to reject claims 1 to 3 under 35 U.S.C. § 103 is                   
          affirmed.                                                                   


          Claim 7                                                                     
               We sustain the rejection of claim 7 under 35 U.S.C. §                  
          103.                                                                        


               Claim 7 reads as follows:                                              
                    The apparatus of Claim 1, wherein said tether                     
               comprises an inner core of a plurality of linearly                     
               resilient strands, and an outer linearly extendable,                   
               fabric sheath.                                                         

               The appellant argues (brief, pp. 16-17) that the true                  
          tether in both of Alexander's disclosed embodiments is line 14              
          which is clearly nonresilient.  We do not agree for the                     







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