Ex parte MCGRATH - Page 2




                 Appeal No. 2000-1613                                                                                                                   
                 Application No. 09/178,053                                                                                                             


                          The claims on appeal are drawn to a fastening and                                                                             
                 supporting device adapted to be clamped to a vertically placed                                                                         
                 hanger, and are reproduced in the appendix of appellant’s                                                                              
                 brief.                                                                                                                                 
                          The references applied in the final rejection are:                                                                            
                 Klingel                                      1,546,839                                             Jul. 21,                            
                 1925                                                                                                                                   
                 Roth                                         5,188,317                                             Feb. 23,                            
                 1993                                                                                                                                   


                          Claims 1 to 4 and 8 stand finally rejected under 35                                                                           
                 U.S.C.                                                                                                                                 
                 § 103(a) as unpatentable over Klingel in view of Roth.1                                                                                


                          Initially, we note that on page 3 of the brief  appellant                          2                                          
                 states that one issue is "whether the amendment of the                                                                                 
                 application submitted on September 14, 1999 was properly                                                                               
                 rejected [sic: denied entry]."  However, that issue is not                                                                             


                          1An additional rejection of claims 1 to 4 and 8 under                                                                         
                 35 U.S.C. § 112, second paragraph, has been withdrawn                                                                                  
                 (examiner’s answer, page 3).                                                                                                           
                          2Any references herein to appellant’s brief are to the                                                                        
                 brief filed on January 3, 2000.                                                                                                        
                                                                           2                                                                            





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