Appeal No. 2004-2335 Page 13
Application No. 09/867,495
§ 103(a) as being unpatentable over Vasilopoulos, Thurston and De Witt should
therefore also have been sustained.
Concerning the remand to the examiner set forth on page 7 of the majority
opinion, I share the view that the examiner should consider a rejection of claims 4 and 5
of the present application under 35 U.S.C. § 103(a) using Bozarjian (U.S. Patent No.
6,187,104) as the base reference along with Thurston and De Witt, noting that the
particular bungee cord tether pointed to in Bozarjian appears to meet even the
majority's more limited interpretation of the above-noted language of appellant's claim 5.
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007