Ex parte HOPE - Page 6




          Appeal No. 2000-1612                                                         
          Application 08/938,844                                                       


          as it would be interpreted by one of ordinary skill in the                   
          pertinent art.  See In re Sneed, 710 F.2d 1544, 1548, 218 USPQ               
          385, 388 (Fed. Cir. 1983); In re Bond, 910 F.2d 831, 833, 15                 
          USPQ2d 1566, 1567 (Fed. Cir. 1990) and In re Morris, 127 F.3d                
          1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).                           


          In light of the foregoing, we will not sustain the                           
          examiner’s rejection of claim 7 under 35 U.S.C. § 102(e) as                  
          being anticipated by Bourassa.                                               


               As for the examiner’s rejection of claims 2, 3 and 7                    
          under 35 U.S.C. § 103(a) as being unpatentable over Bourassa                 
          in view of Thompson, we find ourselves in agreement with the                 
          examiner’s position that it would have been obvious to one of                
          ordinary skill in the art at the time of appellant’s invention               
          to substitute a known alternative form of fastening means,                   
          like the strap arrangement in Thompson (2, 26, 28, 29), for                  
          the clamping arrangement (21-25) of Bourassa.                                


                   In response to appellant’s arguments concerning the                


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