Ex Parte Pedigo - Page 4



               Appeal 2007-1022                                                                       
               Application 10/778,414                                                                 

                     said safety device comprises a strip, including phosphorescent                   
               material, engaged with said webbing along at least a portion of its length,            
               said phosphorescent material producing a glow when exposed to ultraviolet              
               light, said glow diminishing at a known rate when exposed to a known                   
               amount of ultraviolet light;                                                           
                     said phosphorescent material being selected to have said rate of                 
               diminishing glow correlated with said rate of strength loss; whereby,                  
                     said safety indicator denotes reduced safety of said webbing with                
               reduced glow which signals reduced strength of said synthetic material.                
                     The Examiner relies upon the following reference in the rejection of             
               the appealed claims:                                                                   
               Geisel  US 5,674,437 Oct. 7, 1997                                                      
                     Appellant’s claimed invention is directed to a webbing comprising                
               synthetic yarns that are known to lose their strength upon exposure to                 
               ultraviolet light.  The webbing includes a safety indicator engaged with the           
               webbing comprising a strip of phosphorescent material that loses its                   
               phosphorescence upon exposure to ultraviolet light.  The phosphorescent                
               material is selected to have its rate of diminishing glow correlated with the          
               rate of strength loss of the synthetic yarns.  When the safety strip loses its         
               phosphorescence, it is an indication that the synthetic yarns of the webbing           
               have lost their strength.                                                              
                     Appealed claims 1-9 stand rejected under 35 U.S.C. § 102(b) as being             
               anticipated by Geisel.                                                                 


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