Appeal No. 2003-1363
Application No. 09/608,985
straps passing through the opening of a retention loop wherein
the retention loop comprises a first component of a mating
structure and the second strap comprises a complementary
component of the mating structure, wherein the mating structure
prevents the loop from sliding freely along the straps when the
two components are mated.4
In this rejection, the examiner references a protruding
(bowed downwardly) member or body 13 and an aperture (interstice)
2 in Miller (answer, pages 6 and 7), ostensibly as responding to
the claimed mating structure. However, as we see it, one versed
in the art simply would not comprehend this from the Miller
teaching. In fact, the aperture or selected interstice 2 of
Miller is expressly indicated to receive the tongue 4 of open
frame member 3 of a buckle-device, not the protruding member.
From our standpoint, it would be pure conjecture or speculation
4 It is particularly worthy of pointing out that appellants
have expressly stated the following in their specification (page
4).
As used herein, "mating structures" means any
structure that will provide for the temporary
attachment of excess strap material in a
retention loop. Accordingly, the structure
will have a first component and a
complementary component that mates with the
first component.
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