Ex Parte Adams - Page 2



          Appeal No. 2004-1779                                                        
          Application No. 09/851,639                                                  
               1.  A holder comprising:                                               
               (a) a suction cup having a cup portion, a neck containing at           
          least one bore having a multi-sided cross section, and                      
               (b) a split ring having two ends, said ends having a multi-            
          sided cross-section complementary to the bore, each end sized and           
          fitted within the at least one bore so that the split ring can be           
          rotated within the bore from a first position to a second                   
          position such that in each position every side of the end of the            
          split ring is opposite a side of the at least one bore.                     
                                   THE PRIOR ART                                      
               The references relied on by the examiner as evidence of                
          obviousness are:                                                            
          Brown                         4,506,408           Mar. 26, 1985             
          Adams (Adams ‘356)            5,078,356           Jan.  7, 1992             
          Rendall                       5,323,996           Jun. 28, 1994             
          Adams (Adams ‘865)1           6,131,865           Oct. 17, 2000             
                                  THE REJECTIONS                                      
               Claims 1 through 4, 6 and 7 stand rejected under 35 U.S.C.             
          § 103(a) as being unpatentable over Rendall in view of Brown.               
               Claim 5 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Rendall in view of Brown and Adams ‘865.                  
               Claims 8 through 10 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over Adams ‘356 in view of Brown.                     


               1 The appellant does not dispute that the Adams ‘865 patent            
          is prior art with respect to the subject matter on appeal.                  
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