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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