Ex Parte FOX - Page 6




               Appeal No. 2003-1491                                                                          Page 6                   
               Application No. 09/473,834                                                                                             


               42.  The material of the retaining device 40 forming the circular apertures 22 and 24                                  
               contacts the entire perimeter of the rolled portion 38 to maintain the rolled portion 38 in                            
               a round configuration.                                                                                                 


                       The removal of the device 40 from the collapsible tube 42 is quick and easy.                                   
               The gripping tab 36 extends from the elongated body and therefore does not mold to                                     
               the shape of the collapsible tube 42 as firmly as the rest of the retaining device 40.                                 
               Thus, the gripping tab 36 may be easily separated from the tube 42 and pulled to                                       
               remove the retaining device 40.  The gripping tab 36 is formed at one location on the                                  
               retaining device 40 to prevent unnecessary waste of material.  Additionally, having only                               
               one gripping tab 36 limits the locations where the retaining device 40 is not firmly                                   
               molded to the rolled portion 38 to minimize potential interfere with the storage or use of                             
               the collapsible tube 42.                                                                                               


                       The retaining device 40 works most effectively when its overall length, L, is                                  
               approximately equal to the width, W, of the bottom of the tube 42 to be retained.  This                                
               size relationship of the retaining device 40 to the tube 42 assures that when the                                      
               retaining device 40 is stretched for affixing on the tube 42, there are sufficient rebound                             
               forces to hold the device 40 on the tube 42 without creating forces of such strength to                                
               tear the retaining device 40.                                                                                          








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