Ex parte SAITO et al. - Page 8




            Appeal No. 1998-2775                                                                         
            Application 08/574,544                                                                       


            upper strap E to be rotated sufficiently far in a                                            
            counterclockwise direction to engage the unlabeled                                           
            circumferential shoulder on the generally circular portion                                   
            of the lower strap F.                                                                        


                  With regard to the rejection of claim 5 under the                                      
            second paragraph of  112, appellants contend in their reply                                 
            brief that the examiner has raised a new basis for this                                      
            rejection in his answer.  However, appellants have not                                       
            challenged the grounds set forth in the answer.  Instead                                     
            appellants merely state in the reply brief that they are                                     
            “prepared to amend claim 5” (reply brief, page 1).  Thus,                                    
            appellants have not pointed out how the examiner erred in                                    
            this rejection.  We will therefore sustain the  112, second                                 
            paragraph, rejection of claim 5.                                                             


                  In summary, we have reversed the  102(b) rejection of                                 
            claims 6 through 10, reversed the  103 rejection of claim 5                                 
            and affirmed the  112, second paragraph, rejection of claim                                 
            5.                                                                                           



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