Ex Parte Spiegel - Page 2




              Appeal No. 2005-0489                                                                  Page 2                
              Application No. 10/144,987                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to a flag holder for reducing fraying of a flag.                   
              The flag holder utilizes a lower fitting mounted on the flagpole with a lower mounting                      
              permitting free movement of the lower fitting along the length of the flagpole toward the                   
              upper fitting.  Further understanding of the invention may be obtained from a reading of                    
              independent claim 28, which is reproduced infra in the opinion section of this decision.                    
                                                     The Prior Art                                                        
                     The examiner relied upon the following prior art references of record in rejecting                   
              the appealed claims:                                                                                        
              Hall                                       433,124                      Jul.   29, 1890                     
              Rohrbaugh                                  1,360,584                    Nov. 30, 1920                       
              Dobbins                                    5,697,321                    Dec.  16, 1997                      
              Fisher et al. (Fisher)                     Des. 427,108                 Jun.  27, 2000                      

                                                    The Rejections                                                        
                     The following rejections are before us for review.                                                   
                     Claim 28 stands rejected under 35 U.S.C. § 103 as being unpatentable over                            
              Fisher in view of Rohrbaugh.                                                                                
                     Claims 29 and 31 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Fisher in view of Rohrbaugh and Hall.                                                                  
                     Claims 30 and 32 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Fisher in view of Rohrbaugh and Dobbins.                                                               







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