Appeal No. 2001-1453 Page 4
Application No. 08/990,945
product. According to claim 1, the sole independent claim, the U-shaped clip comprises
“an inner layer of a resilient open-cell foam material” and a continuous outer layer of
structural material to which the inner layer of foam material is bonded. The outer layer
supports the inner layer and includes a pair of opposing, spaced-apart arms that are
joined to each other by a juncture segment located at a base of the U-shaped clip. The
foam material substantially fills a gap located between the opposing arms, which provides
an opening adapted for admitting the rolled-up convoluted roll of a collapsible container,
with the open-cell foam material “becoming juxtaposed with and compressing to conform
to the convoluted roll.” In this regard, we point out that the appellant has explained in the
specification that the open-cell foam material exhibits frictional properties which cause the
inner layer not to stick to the resilient polymeric material conventionally used in collapsible
containers such as toothpaste tubes, while providing sufficient friction so that the clip does
not inadvertently slip off of the tube (paragraph bridging pages 10 and 11).
Brown discloses a paper clip comprising a folded metal strip 12 lined with a layer of
“resilient and compressible backing, such as a foam or sponge cushion 14 secured to one
surface thereof” (column 2, lines 27 and 28). To use the clip, papers are inserted between
the legs which are then pressed together. The resiliency of the foam combined with the
spring quality of the legs generates sufficient friction to hold the papers in the interior of the
clip.
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