Ex Parte TANAKA et al - Page 2




          Appeal No. 2001-1801                                                        
          Application 09/136,659                                                      


          § 102(b) as being anticipated by Baum, and reversed the                     
          examiner’s rejection of claims 6, 7, 10, 11, 18 and 19 under                
          35 U.S.C. § 103 based on Baum and Cummings.                                 


          We have carefully considered each of the points of argument                 
          raised by appellants in their request for rehearing, however,               
          those arguments do not persuade us that our decision was in error           
          in any respect.                                                             


          Appellants main point of argument centers on this panel’s                   
          determination that the adjustable waist belt (31) of Baum and the           
          camera bag associated therewith constitute a “portable seat belt            
          assembly” as broadly set forth in claims 1, 2, 14 and 15 on                 
          appeal. More particularly, appellants urge that we have                     
          incorrectly determined that the adjustable waist belt (31) of               
          Baum is capable of performing the intended use of a seat belt for           
          attachment to a seat of a school bus. In that regard, appellants            
          urge (request, page 2-3) that if the belt of Baum were attempted            














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