Ex parte GROSE - Page 9




          Appeal No. 1999-2211                                        Page 9           
          Application No. 08/620,427                                                   


               We turn next to the rejection of claim 8 under 35 U.S.C.                
          § 102(e) as anticipated by Bott.  Appellant asserts (brief,                  
          page 6) "that elements 18 and 22 of the Bott patent do not                   
          constitute means for retaining the tubing of the stethoscope."               
          We find that Bott discloses a torso mounted holder tray                      
          assembly which is approximately twelve inches from front-to-                 
          back and sixteen inches from side-to-side (col. 4, lines 40-                 
          42).  Bott discloses that the main panel 22 of tray 12 has a                 
          peripheral rim 24 having an upwardly and outwardly inclined                  
          orientation in cross section, and is defined by relatively                   
          straight sides and rounded corners, except for the rear of the               
          tray which conforms to the torso of the wearer (col. 3, lines                
          1-13).  In addition, interior rim 28 is configured to support                
          a plate (col. 3, lines 16-18).  The interior rim has a                       
          plurality of circumferential locations containing a plurality                
          of radially-inwardly projecting protrusions 30 which serve as                
          a plurality of snap-in features for retaining a flexible plate               
          (col. 3, lines 18-24).  Additionally, tray 12 includes a pair                
          of clips 36 having triangular shapes defining wedge-shaped                   
          cavities 36A between the clips 36 and the main panel 22 for                  









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