Ex Parte Rolph - Page 2

           Appeal 2006-1400                                                                          
           Application 10/649,128                                                                    

                 Appellant claims a cover for a tiki torch.  The cover is a generally cylindrical    
           outer housing and enclosed upper end with a drawstring in a conduit on the lower          
           end.                                                                                      
                 Claim 1, reproduced below, is further illustrative of the claimed subject           
           matter.                                                                                   
                 1.  A torch cover comprising:                                                       
                 a generally cylindrical outer housing closed at an upper end by an upper            
                 housing cover opposite an entry orifice at a lower end;                             
                 a circumscribing conduit formed about a lower circumference of said outer           
                 housing near said entry orifice and having a conduit entry;                         
                 an internal retention volume formed within said housing of a dimension              
                 approximately 10" wide and 12" long;                                                
                 a drawstring entering and exiting said conduit entry in a manner such as to         
                 entirely circumscribe said lower [end] of said cylindrical outer housing; and       
                 drawstring retention means, said drawstring retention means comprising a            
                 spring clip, said spring clip for impinging movement of said drawstring.            
                                                                                                    
               The references of record relied upon by the examiner as evidence of                   
           obviousness are:                                                                          
           Kumasaka    4,477,247   Oct. 16, 1984                                                     
           Spector    5,135,222   Aug. 4, 1992                                                       
           Moore    5,775,722   July 7, 1998                                                         
           Romero    6,102,076   Aug. 15, 2000                                                       







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