Ex Parte Spiegel - Page 4




              Appeal No. 2005-0489                                                                  Page 4                
              Application No. 10/144,987                                                                                  


                            upper fitting, said lower mounting substantially precluding                                   
                            said lower fitting from lateral movement with respect to said                                 
                            axis of elongation, such lateral movement being limited by                                    
                            slight spacing between said lower mounting and said body,                                     
                            said slight spacing provided solely to facilitate said free                                   
                            movement;                                                                                     
                                   e) whereby, when said upper and lower fittings are                                     
                            coupled to separate attachment locations on said flag,                                        
                            banner or pennant, and said vehicle is moving, relative wind                                  
                            speed above a desired threshold with respect to said                                          
                            flagpole causes said lower fitting to move up said flagpole                                   
                            toward said upper fitting, thereby causing said flag, banner                                  
                            or pennant to adopt a non-planar elongated U-shaped                                           
                            configuration reducing snapping of a trailing edge thereof                                    
                            remote from said flagpole.                                                                    
                     Fisher merely discloses an ornamental design for a flag holder for vehicles,                         
              without providing any details as to the mounting of the flag thereon.  Rohrbaugh                            
              discloses an endless flag halyard entrained around the pulley 2 at the top of a flag mast                   
              1, the halyard provided with an upper flag attaching means 4, including a tubular part 5                    
              through which the halyard may be threaded and in which the halyard is secured against                       
              relative movement by means of set screws 6 and further including a snap hook                                
              construction 7 adapted to engage the ring 8 in the upper corner of the flag, and a lower                    
              flag attaching means which consists of an elongated body member 9 to one end of                             
              which an enlarged ring 10 is integrally secured and to the other end of which a snap                        
              hook 11 is integrally secured.  According to Rohrbaugh,                                                     
                            [t]he ring 10 is of a diameter which is materially greater than                               
                            the diameter of the halyard with which it is intended to be                                   








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