Ex Parte Dolan - Page 2




          Appeal No. 2002-1898                                                        
          Application 09/567,392                                                      


               additional material holding compartments;                              
               front shoulder straps that are anchored to the main material           
          holding compartment at the top of the main material holding                 
          compartment and anchored higher than the bottom of the main                 
          material holding compartment so as to concentrate the load of the           
          back pack to the thoracic spinal column;                                    
               a transverse laod carrying strap that is located over the              
          thoracic spinal column;                                                     
               buckles attached to the straps for adjustment of the length            
          of each strap;                                                              
               a quick release buckle attached to the transverse load                 
          carrying strap; and                                                         
               fasteners that permit opening and closing of each material             
          holding compartment of the back pack                                        
               whereby the entire load of the back pack is located over the           
          thoracic spinal column of the user.                                         
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          appealed rejections are:                                                    
          Thatcher                     5,114,059             May  19, 1992            
          McAllister                   5,255,833             Oct. 26, 1993            
                                  THE REJECTIONS                                      
               Claims 6 and 8 stand rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Thatcher.                                              
               Claim 7 stands rejected under 35 U.S.C. § 103(a) as being              
          obvious over Thatcher in view of McAllister.                                
               Attention is directed to the brief (Paper No. 11) and answer           
          (Paper No. 12) for the respective positions of the appellant and            
          the examiner regarding the merits of these rejections.                      


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