Appeal No. 2001-2178
Application No. 09/039,466
through 4, as being unpatentable over Hermanson in view of
Froelich.
As Burke’s disclosure of a device for tethering a swimmer
does not cure the foregoing shortcomings of the Hermanson-
Froelich combination with respect to the subject matter
recited in independent claim 1, we shall not sustain the
standing 35 U.S.C. § 103(a) rejection of dependent claims 5
and 6 as being unpatentable over Hermanson in view of Froelich
and Burke.
SUMMARY
The decision of the examiner to reject claims 1 through 6
is reversed.
REVERSED
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