Appeal No. 1998-2988
Application No. 08/502,560
prongs attached to the pole along its longitudinal axis with
no space therebetween. It is mere speculation to assume
otherwise. Accordingly, we cannot sustain the anticipation
rejection of claim 1 and its dependents, claims 2 through 5.
Claim 7, like claim 1, recites a "means for mounting the
mounting fixture to the transfer tool in a plurality of
orientations," which above we found lacking from QWIK-STIK.
Claim 7 further requires that the flexible elongated member
includes a "means for fastening one end to an installer while
permitting the installer to keep both hands free and to fasten
the same one end to an inanimate object near a manhole."
QWIK-STIK includes a ratchet mechanism to compress and release
the mounting fixture, and does not indicate that the flexible
member is removable from such mechanism. The examiner
contends (Answer, page 4) that "an installer may pull on the
line if the ratchet is not operating." This line of reasoning
again is based on speculation, in which we will not engage.
Thus, we cannot sustain the anticipation rejection of claim 7
and its dependent, claim 8.
The examiner also rejects all of the claims under 35
U.S.C. § 103 as being obvious over QWIK-STIK, but adds no line
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007