Ex Parte CANDRAY et al - Page 2




         Appeal No. 2004-0504                                                       
         Application No. 09/455,735                                                 

         engages a one-way ratchet on the other piece to maintain the               
         engagement of the tubing connector (Brief, pages 2-3).                     
         Illustrative independent claim 5 is reproduced below:                      
              5. A device for maintaining a connection between a first              
         tubing segment including a first tubing segment connector and a            
         second tubing segment including a second tubing segment                    
         connector, the first tubing segment connector and the second               
         tubing segment connector being connectable to establish fluid              
         connection from the first tubing segment through the second                
         tubing segment comprising: a first tube holder for holding the             
         first tubing segment; and a second tube holder for holding the             
         second tubing segment, the first tube holder being engagable with          
         the second tube holder, wherein said first tube holder gas [sic,           
         has] an arm that is parallel to the first tubing segment, said             
         arm being engagable by the second tube holder, and wherein said            
         arm has one or more notches along at least one of its edges, and           
         said second tube holder has one or more teeth slidably engagable           
         with said notches.                                                         
              The examiner relies on the following references as evidence           
         of obviousness:                                                            
         Raabe                        1,989,823          Feb. 05, 1935              
         Hogendijk et al. (Hogendijk) 6,051,007          Apr. 18, 2000              
         (filed Mar. 02, 1998)                                                      
              The claims on appeal stand rejected under 35 U.S.C. § 103(a)          
         as unpatentable over Raabe in view of Hogendijk (Answer, page 3).          
         We reverse the rejection on appeal for the reasons stated below.           
           OPINION                                                                  
              The examiner finds that Raabe discloses a clamp and a                 
         connection maintaining method comprising a first tube holder, a            
         second tube holder, a release mechanism, where the first tube              
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