Ex Parte FOX - Page 5




               Appeal No. 2003-1491                                                                          Page 5                   
               Application No. 09/473,834                                                                                             


                       Retaining device 40 is a single elongated body having two circular apertures 22,                               
               24 spaced apart to define a bridge portion 26.  The perimeter of the retaining device 40                               
               includes two straight sides 28 and 30 and two arcuate ends 32 and 34.  Positioned at                                   
               the junction of one of the straight sides, 28 or 30, and one of the arcuate ends, 32 or                                
               34, is a gripping tab 36 defining a corner element of an angle A of approximately 90                                   
               degrees.  The alternative configuration shown in Figure 2 does not have the gripping                                   
               tab 36.                                                                                                                


                       As shown in Figures 3A and 4, the retaining device 40 is attachable to the rolled                              
               portion 38 of a collapsible tube 42 to block it from unraveling.  One of the circular                                  
               apertures 22 or 24 is positioned around one of the corners 44 or 46 of the rolled portion                              
               38.  Retaining device 40 is then stretched or expanded to place the other circular                                     
               aperture 22 or 24 around the uncovered corner 44 or 46 of the rolled portion 38.                                       
               Rebound forces from the expanded retaining device 40 are exerted upon the corners                                      
               44 and 46 of the rolled portion 38 to secure the retaining device 40 on the rolled portion                             
               38.  The dotted lines in Figure 3A represent the tube 42 in its unrolled condition.                                    


                       In addition to being expandable, the material of the retaining device 40 is                                    
               sufficiently flexible to mold to the shape of the rolled portion 38.  This guarantees that                             
               the retaining device 40 does not interfere with the storage or use of the dispensing tube                              








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