Ex Parte Rolph - Page 4

           Appeal 2006-1400                                                                          
           Application 10/649,128                                                                    

           discloses a protective cover for any protruding, vertically-extending post which          
           remains when an automobile roof is removed by emergency responders after an               
           accident. The protective cover has a generally cylindrical outer housing 12 and an        
           upper housing cover 18.  The cover is opposite the other open end or entry orifice        
           16.  The Figure 3 embodiment has a circumscribing conduit 34 with a drawstring            
           35 therein.  A drawstring retention means 38 is provided.  The material disclosed is      
           canvas, nylon fabric or vinyl-coated nylon fabric.  Moore differs from the claimed        
           subject matter in that it does not disclose the exact housing dimensions, and it does     
           not expressly disclose that the fastener is a spring clip-type fastener.                  
                 Romero discloses an exhaust pipe cover for a vertically oriented exhaust            
           pipe 12 of a truck 10 or similar vehicle. The cover is designed to prevent                
           precipitation and dirt from entering the exhaust pipe while the truck is not being        
           operated.  Romero has a generally cylindrical outer housing 18, an upper housing          
           cover 20, and an entry orifice at 22.  A conduit, unnumbered, circumscribes the           
           bottom of the cover and contains a drawstring 32. The drawstring has a retention          
           means 49, 51 so that the drawstring may be snugged-up to give a tight fit. Romero         
           is manufactured out of fire retardant material.  Romero differs from the claimed          
           subject matter in that Romero does not have the specific volume claimed, and              
           Romero does not disclose a spring clip-type fastener.                                     
                 Spector discloses a ball having an outer cover 10 and an inner balloon 11.          
           The cover of Spector is pulled tight by a drawstring 14 which is held in position by      
           a spring clip toggle 16. A button 17 is pressed to release the grip and slide the         
           toggle along the drawstring.  Thus, Spector discloses Appellant’s spring clip.            
           Spector differs from the claimed invention in that, while it shows a cover 10, the        
           cover is not so much for article protection as it is to form a playable surface.          


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