Ex parte DATON-LOVETT - Page 8

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

          second laminated layers affixed together, as the terms                      
          “laminated” and “affixed together” would be interpreted by an               
          artisan when read in light of appellant’s disclosure.  The                  
          examiner’s assertion that the strips 10, 12 of Groskopfs                    
          “could be adhered to each other by friction to form a                       
          laminated structure” (answer, page 6) has no factual support,               
          and in any case would not meet the terms of the claims.                     
          Second, the extensible member of Groskopfs is not stable in                 
          both the elongate hollow form and the compressed, wound form,               
          as claimed.  In this regard, note column 7, lines 63-67, of                 
          Groskopfs (“The extensible member of the invention is suited                
          to the three normal types of operation . . . self extension                 
          using the stored spring energy in the extensible member where               
          there is no requirement for retraction . . .”).  Third, the                 
          second strip or layer of Groskopfs is not arranged to oppose                
          the bias of the substrate (i.e., first strip or layer) in the               
          sense called for in the claims.  In the claimed device, the                 
          first layer is biased to the elongate hollow form and the                   
          second layer is arranged to oppose that bias upon adoption of               
          the compressed, wound form.  In contrast, while the strips 10,              
          12 of Groskopfs are arranged “front to front” to “oppose and                


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