Ex Parte Henault et al - Page 8




               Appeal No. 2004-0631                                                                          Page 8                   
               Application No. 10/236,715                                                                                             


               plastic hinge lever 78 is retracted, disengaging the pin 86 from one of the well-shaped                                
               cups 90.  The inner member 32 is then pulled or pushed from or into the outer member                                   
               30 until the desired length is reached.  The plastic hinge lever 78 is then released and a                             
               final adjustment of the inner member 32 is made so that the pin 86 may engage one of                                   
               the well-shaped cups 90.                                                                                               


                       The appellants argue (brief, p. 8) that Sauey lacks a plurality of elongated                                   
               security bars removably attachable in series to one another and to the segments as set                                 
               forth in claim 1.  The examiner's response to this argument (answer, p. 5) is that the                                 
               claimed security bars are readable on Sauey's flange 74 and hinge lever 78 which are                                   
               removably connected in series to another by rivet 80.                                                                  


                       We find ourselves in agreement with the appellants' position that Sauey lacks a                                
               plurality of elongated security bars removably attachable in series to one another and to                              
               the segments as set forth in claim 1.  In that regard, Sauey's flange 74 and hinge lever                               
               78 are not removably attachable in series to another since they are fixed relative to one                              
               another by Sauey's rivet 80.  Moreover, it is our opinion that one skilled in this art would                           
               not have considered Sauey's flange 74 to be an elongated security bar.  Finally, we                                    
               note that the examiner has never identified what structure of Sauey corresponds to the                                 









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