Ex parte GAETKE - Page 2




            Appeal No. 2001-1453                                                          Page 2              
            Application No. 08/990,945                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to a U-shaped clip adapted for retaining in a rolled-    
            up configuration a portion of a collapsible container such as a tube of toothpaste.  An           
            understanding of the invention can be derived from a reading of exemplary claim 1, which          
            appears in the appendix to the appellant's Brief.                                                 
                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Robb                             1,513,009                       Oct. 28, 1924                    
            Bright                           2,986,793                       Jun.   6, 1961                   
            Brown                            3,604,067                       Sep. 14, 1971                    
            Hand II et al. (Hand)     3,892,334                        Jul.     1, 1975                       
            Frantz                    4,960,304                        Oct.    2, 1990                        
                   Claims 1 and 2 stand rejected under 35 U.S.C. § 102(b) as being anticipated by             
            Brown.                                                                                            
                   Claims 1, 6 and 9 stand rejected under 35 U.S.C. § 103(a) as being unpatentable            
            over Robb in view of Frantz.                                                                      
                   Claim 2 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                
            Robb in view of Frantz and Brown.                                                                 
                   Claims 7 and 8 stand rejected under 35 U.S.C. § 103(a) as being unpatentable               
            over Robb in view of Frantz and Bright.                                                           











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