Appeal No. 2006-2182 Page 6
Application No. 10/670,623
absorption. Dalmaso, col. 3, lines 1-13. The purpose of the jacket (18) of Dalmaso
is to allow for the flag to be freed once the core (14) has elongated a predetermined
amount. Dalmaso, col. 3, lines 27-33.
The examiner has offered no further articulation of a teaching, suggestion, or
motivation in the prior art itself, the nature of the problem solved by the claimed
invention, or the knowledge of one of ordinary skill in the art that would have led
one of ordinary skill in the art to add a cover to the cord of Anderson. Finding no
such teaching, suggestion, or motivation, we do not sustain the examiner’s
rejection of claims 1, 2, 5-7, 10, 12, 13, 15, and 20.
Rejection of claims 3, 4, 8, 9, 14, and 16
The examiner’s rejections of claims 3, 4, 8, 9, 14, and 16 rely on the
underlying combination of Anderson and Dalmaso in view of Gabriel or Giacona.
The teachings of Gabriel and Giacona fail to cure the deficiencies of Anderson and
Dalmaso. Specifically, neither reference provides a teaching, suggestion, or
motivation to modify the cord of the Anderson sling to make it of an elastic
material or to add a cover over the cord as claimed. For the same reasons provided
above, we do not sustain the examiner’s rejection of these claims.
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