Appeal No. 2004-2335 Page 7
Application No. 09/867,495
the deficiency of Vasilopoulos discussed above regarding claim 5. Accordingly, the
decision of the examiner to reject claim 4 under 35 U.S.C. § 103 is reversed.
REMAND
We remand this application to the examiner under the authority provided by
37 CFR § 41.50(a)(1) to consider a rejection of claims 4 and 5 on appeal under
35 U.S.C. § 103(a) wherein Bozarjian (U.S. Patent No. 6,187,104) is used as the base
reference along with Thurston and De Witt in a manner similar to the examiner's
rejections discussed above. In that regard, the examiner should note the embodiment
of the tie down or tether discussed in column 3, lines 60+ of Bozarjian, wherein an
elastic cord or strap (column 3, line 9) is provided with a hook member (32) secured to
one end (Figure 4) and a spring-loaded clamp/clip (column 3, line 14) secured at the
other end (Figure 1).
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