Ex parte DATON-LOVETT - Page 2




                 Appeal No. 1999-0738                                                                                                                   
                 Application No. 08/474,195                                                                                                             

                          Appellant’s invention “relates to an elongate hollow                                                                          
                 element arranged to be progressively flattened and wound into                                                                          
                 a compressed condition about one or more axes extending                                                                                
                 transversely relative to the longitudinal extent of the                                                                                
                 element” (specification, page 1).  A further understanding of                                                                          
                 the invention can be derived from a reading of exemplary claim                                                                         
                 1, a copy of which appears in the appendix to appellant’s main                                                                         
                 brief.                                                                                                                                 
                          The references of record relied upon by the examiner as                                                                       
                 evidence of anticipation are:                                                                                                          
                 Myer                                         3,357,457                                    Dec. 12, 1967                                
                 Groskopfs                                    3,434,674                                    Mar. 25, 1969                                
                          Claims 1-4, 15  and 19 stand rejected under 35 U.S.C. 1                                                                                                    
                 112, first paragraph, as being based on a disclosure that                                                                              
                 “fail[s] to provide an adequate written description of the                                                                             
                 invention” (answer, page 4).                                                                                                           
                          Claims 1-4 and 15 stand rejected under 35 U.S.C.  102(b)                                                                     
                 as being anticipated by Myer.                                                                                                          


                          1Claim 15 is a multiple dependent claim that depends from                                                                     
                 claim 1, claim 5 or claim 9.  Accordingly, the examiner’s                                                                              
                 various rejections of “claim 15” is understood to only be                                                                              
                 directed to claim 15/1, that is, claim 15 as it depends from                                                                           
                 claim 1.                                                                                                                               
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