Ex parte COPPLE et al. - Page 2




                     Appeal No. 1999-2363                                                                                                                                              
                     Application 08/587,710                                                                                                                                            


                     of an                                                                                                                                                             


                     amendment to claim 1 made subsequent to final rejection.                                                                                                          
                     Claims 28 through 30, the only other claims pending in the                                                                                                        
                     application, stand withdrawn from consideration pursuant to 37                                                                                                    
                     CFR § 1.142(b).                                                                                                                                                   
                                The subject matter on appeal relates to a clip-on                                                                                                      
                     fastener assembly for use in conjunction with a wall opening.                                                                                                     
                     A copy of appealed claims 5 through 10 and 32 appears in the                                                                                                      
                     appendix to the appellants’ main brief (Paper No. 20).                                                                                                            
                                The references relied upon by the examiner to support the                                                                                              
                     final rejection are:                                                                                                                                              
                                Chartier                                   4,576,533                                             Mar. 18, 1986                                         
                                Thiel                                      4,582,462                                             Apr. 15, 1986                                         
                                The appealed claims stand finally rejected as follows:                                                                                                 
                                a) claims 5 through 10 and 32 under 35 U.S.C. § 112,                                                                                                   
                     second paragraph, as failing to particularly point out and                                                                                                        
                     distinctly claim the subject matter the appellants regard as                                                                                                      
                     the invention;1                                                                                                                                                   

                                1The record indicates that the examiner’s failure to                                                                                                   
                     restate this rejection in the answer (Paper No. 25) was an                                                                                                        
                     inadvertent oversight.                                                                                                                                            
                                                                                          2                                                                                            





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