patent agent examination paper a 2017 - industry … · page 1 of 28 paper a – 2017 patent agent...

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Page 1 of 28 Paper A – 2017 PATENT AGENT EXAMINATION PAPER A 2017 Dear Candidate, Paper A is a patent drafting exercise in which you are being requested to prepare a full patent specification, with significant weight (60%) given to the claims. A description of the technology as the hypothetical inventor understands it is provided in the form of a meeting transcript. The inventor has also provided the attached drawings. You are to assume that there is no more relevant prior art than what is mentioned in the meeting transcript. You are cautioned not to impart your own knowledge of the subject matter into your analysis and preparation of the patent application. On the basis of the client's description, drawings, and the known prior art, taking into account what the inventor tells you are his/her observations, prepare a patent application. Please note: - The Petition and other such formal portions of an application are not required; - Titles for sections of the patent application must be provided to assist with correction; - Order of sections of the patent application is not important for Exam purposes. Claims You are required to submit a first independent claim of the apparatus type (30 marks), six dependent apparatus claims (12 marks, 2 marks each), a second independent claim of the method type (12 marks) and three dependent method claims (6 marks, 2 marks each). You are to ignore any issues relating to unity of invention.

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Page 1: PATENT AGENT EXAMINATION PAPER A 2017 - Industry … · Page 1 of 28 Paper A – 2017 PATENT AGENT EXAMINATION PAPER A 2017 Dear Candidate, Paper A is a patent drafting exercise in

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PaperA–2017

PATENTAGENTEXAMINATION

PAPERA

2017

DearCandidate,

PaperAisapatentdraftingexerciseinwhichyouarebeingrequestedtoprepareafull

patentspecification,withsignificantweight(60%)giventotheclaims.

Adescriptionofthetechnologyasthehypotheticalinventorunderstandsitisprovidedin

theformofameetingtranscript.Theinventorhasalsoprovidedtheattacheddrawings.You

aretoassumethatthereisnomorerelevantpriorartthanwhatismentionedinthe

meetingtranscript.Youarecautionednottoimpartyourownknowledgeofthesubject

matterintoyouranalysisandpreparationofthepatentapplication.

Onthebasisoftheclient'sdescription,drawings,andtheknownpriorart,takinginto

accountwhattheinventortellsyouarehis/herobservations,prepareapatentapplication.

Pleasenote:

- ThePetitionandothersuchformalportionsofanapplicationarenotrequired;

- Titles for sections of the patent application must be provided to assist with

correction;

- OrderofsectionsofthepatentapplicationisnotimportantforExampurposes.

Claims

Youarerequiredtosubmitafirstindependentclaimoftheapparatustype(30marks),six

dependentapparatusclaims(12marks,2markseach),asecondindependentclaimofthe

methodtype(12marks)andthreedependentmethodclaims(6marks,2markseach).You

aretoignoreanyissuesrelatingtounityofinvention.

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NOTE:FORTHEDEPENDENTCLAIMS,MARKSWILLBEGIVENFORONLYTHEFIRST6

DEPENDENTAPPARATUSCLAIMS,ANDFORONLYTHEFIRST3DEPENDENTMETHOD

CLAIMS.ADDITIONALCLAIMSWILLNOTBEMARKED.

DescriptionoftheEmbodiments

Whileclever,theinventorisunlikelytohaveprovidedlanguage,structureandorganization

appropriateforapatentapplication.Accordingly,fullmarksforthedescriptionwillnotbe

awardedformerelycopyingthetranscriptand,historically,lowermarkshavebeen

awardedforexclusivelycuttingandpastingportionsfromtheexaminationitself.The

descriptionshouldnotsimplyconsistofanenumerationoftheelementsoneachfigure.

Thedescriptionmustaddresswithmoredetailsthepoint(s)ofinventionincludingthe

subjectmatterrecitedinthedependentclaims.Alternativeembodimentsprovidedbythe

inventorshouldalsobediscussed.

Drawings

Youhavebeenprovidedwithduplicateunmarkedcopiesofthedrawingsforyouruse.

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MARKBREAKDOWN

Apparatusclaims Methodclaims

Claim1‐independent 30 Claim8‐independent 12

Claim2‐dependent 2 Claim9‐dependent 2

Claim3‐dependent 2 Claim10‐dependent 2

Claim4‐dependent 2 Claim11‐dependent 2

Claim5‐dependent 2

Claim6‐dependent 2

Claim7‐dependent 2

Subtotal 60

Disclosure

Abstract 1 SummaryoftheInvention 3

Title 1 DescriptionoftheDrawings 2

FieldoftheInvention 1 DescriptionoftheEmbodiments(marksareallottedforproperreferencetothedrawings)

22BackgroundoftheInvention 10

Subtotal 40

TOTAL 100

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PaperA–2017 Transcript

Thefollowingisatranscriptofaninterviewbetweenyouandaninventor.Subsequentthe

interview,theinventorinstructsyoutoprepareandfileapatentapplicationinCanada,for

theinventiondiscussedduringtheinterview.

Transcriptoftheinterview

You:Pleasetellmeaboutyourinvention.

Inventor: I have invented a bib holder that addresses the risk of infection in patients

receiving dental care. I haven’t shown my bib holder to anyone yet, but I plan on

approaching a company in about amonth and amabout to have twohundredofmybib

holdersmade.IwillgivethoseawaytodentalclinicssoIcangetsomefeedbackfromdental

professionals and hopefully have orders for a lot more bib holders. I’ll give you some

background.

During dental procedures, it is common to have saliva, blood, teeth fragments and other

detritus flow out of the patient’smouth. For this reason, a bib is placed on the patient’s

front torso toprevent soilingof thepatient’s clothes. Thebib is oftenheld inplacebya

holderthathasapairofclipsconnectedtoachainthatrunsalongthenapeoftheneckof

thepatient. Once thedentalprocedure is finished, thebib isdisconnected fromtheclips

anddiscarded.Theholdercanbereused.However,eventhoughtheholdercanbecleaned

beforebeingusedagain,itisnotpossibletoensurethattheholderisproperlydisinfected.

Thisexposesthenextpatientandthedentalstafftogermsleftbehindontheholderduring

thepreviousdentalprocedure.

Thegoalofmyinventionistoencouragethedentistorhygienisttodiscardthebibholder

withthebibafteruse.I’vebroughtfiguresthatshowyouwhatIamtalkingabout.

Firstly,thereisabibmadeofabsorbenttissue,andtheremaybealayerofpolymerwhich

underlies it to create amoisture barrier. The holder has strapswith clips at the ends to

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PaperA–2017 Transcript

connecttothebib.Tousethebibholder,thedentalassistantplacesitaroundthepatient’s

neckandclipsonabib.Typically,thepatient is lyingdownbutforsomeproceduresthey

maybesitting.Theclipsusedintheprototypeshowninthefigurescan’tberemovedfrom

the bib once the bib is connected to the holder. In the middle of the holder there is a

frangibleelementthatbreakswhentwisted.

You:Canyouexplainwhatyoumeanby“breakswhentwisted”?

Inventor:Well,myholderhasapairofgripsplacednexttothefrangibleelement.Afterthe

dentalprocedure,thedentalprofessionaltwiststhegripsinoppositedirectionstobreakor

rupturetheelementandthendiscardsthebibandthebrokenholder.Thedamageinflicted

to the frangibleelement is irreversible:oncebroken, the frangibleelementcannotbeput

backtogether.Itcanonlybeusedasingletime.

You:Canyougivememoredetailsonthefrangibleelement?

Inventor:Thefrangibleelementintheprototypeshowninthefiguresisawebthathasa

portionofitscross‐sectionsmallerthantherest.

You:So,thematerialofwhichthefrangibleelementismadeisbreakableandthebibholder

isdisposable.Isn’tthatbadfortheenvironment?

Inventor: The material of the frangible element is a biodegradable plastic, which will

satisfythosecustomersconcernedabouttheenvironment,butthisisnotarequirement.In

fact,withrespecttotheentiretyoftheholderandasfarasothermaterialsareconcerned,

anyplasticmaterialcanbeused,regardlessofwhetherornotitisbiodegradable.Youcould

alsousematerialsother thanplastic.Also, differentmaterials couldbeused fordifferent

partsoftheholder.Forexample,thestrapscouldbemadeofplasticandtheclipscouldbe

made ofmetal, while in some cases the grips at the ends of the strap portions could be

rubberized.Thefrangibleelementcanbemadeofbrittleplastic.

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You:Pleasegoon.

Inventor:Ihavealsothoughtofotherwaysofmakingthefrangibleelement.Insomecases,

theweb has a score or cut or nick that will make the element frangible and cause it to

rupturewhenthegripsaremanipulated.Thefrangibleelementcanbeanywherealongthe

lengthofholderaslongasitisflankedbythegrips.Irecognizethatdentistsworkfroma

sideposition,sothegripscanbeplacedontheholderinanareathatwillbenearthesideof

the patient’s neck. However, the grips could also be positioned so that the dental

professional needs to reach behind the patient’s neck to grip the grips. Note how

convenientandmess‐free it is to simultaneously removeboth thebiband thebibholder

fromthepatientafterthedentalprofessionalhasgrippedthegripsandmanipulatedthem

torupturethefrangibleelement.

You:Tellmeaboutthestraps.

Inventor:Theyactuallydon’tneedtobestraps.Onecanuseanytypeofflexiblelink,such

asstrings,chains,orcords.Ihavealsofoundthattaperingtheendsofthestrapsfacilitates

rotating the clips to attach the bib, so the taper is a nice option to have. However, the

manufacturingcostishigherdespitethesmalleramountofmaterialusedtoconstructthe

taperedstraps.

You: So the straps are used to place the bib holder around the patient’s neck and then

connectthebibwithbothclipstothebibholder?

Inventor: Indeed.Alternatively, youcould connectone clip to thebib, thenplace thebib

holder around the patient’s neck, and finally connect the other clip to the bib. Another

option is to firstconnectbothclips to thebib, thenpassthebibholderover thepatient’s

head.Although it’snotessential, it isbetter if theclipsare spaced fromeachotherwhen

theyareconnectedtothebibbecausethebibwillhavelessofatendencytomoveonthe

patient’storsoandthetopcornersofthebibwillbelesslikelytobenddownontheirown.

Thefurtherapartyoucliptheclipsfromeachother,thebetter.

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You:Canyoutellmemoreabouttheclips?

Inventor:Theclipsthatareshownaremadeofmouldedplastic,whichisflexible.Theclips

haveapairoflegs.Whenthelegsareopen,thebibisinsertedandthelegsarethenclosed.

Theendsof the legspushagainst thebiband lockthebib inplacebetweenthe legs.This

particular cliphasaboss that impedesside‐to‐sidemovementof the legswith respect to

each other; this prevents the clip from being opened and the bib released. The strap

connectstotheclipusingknowntechniquessuchasgluingorbyfusingtheplasticstrapand

theplasticclip.Thegripscanalsobemadeofplastic.I’vetriedtomaketheholderwithout

gripsbutfoundthattheholderdoesnotworkwithoutthem.

You:Theclipsintheprototypeofthefiguresappeartobemadetoclosejustonce.Why?

Inventor: That way, once the bib is attached to the clips, it can’t be removed without

tearing. Ihavetriedusingothertypesof fastenersthatcan fastentoabibandfoundthat

theysometimesdon’tworkaswellastheclipsofmyprototype.Sothehigh‐endmodelof

thebibholderwillincludeclipsfromwhichabibcannotberemoved.ButIdoexpectthat

fastenersthatcanbeusedmultipletimesover(suchasalligatorclips,buttonclips,magnet

clipsetc.)willprobablybeusedinalowest‐costmodelofthebibholder.Inallcases,having

theholderruptureatthefrangibleelementencouragesthrowingawayofthebibwiththe

brokenholderratherthanreusingit,andthisistrueevenwithabibholderequippedwitha

pairof reusable fasteners.That isbecause it is easier togrip thegripsandbreak thebib

holderthantounfastenthetworeusablefastenersfromthebib.Also,Itriedusingonlyone

clip,butitdoesn’twork.Withonlyoneclip,thebibholderdoesnotholdthebibinastable

position ‐ it keepsmoving and no longer covers the patient properly, which defeats the

wholepurpose. ThisiswhyIprovidedaclipateachend.Besides,thedentalprofessional

willappearasdoinghis/herbestwithpreventinginfectionswhenthepatientseeshim/her

breakingtheholderanddiscardingtheusedbibwiththebrokenholder.

You:Doyouintendtosellbibswithyourholders?

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Inventor: This would make sense because the dentist’s purchasing decision would be

simplified. However, I simply can’t compete on price against the existing high‐volume

manufacturersofbibs.Soforthetimebeing,Iintendtofocusonsellingjustmybibholders.

You: Is there anything else you’d like to add regarding manufacturing or your target

market?

Inventor:Insomescenarios,thedentistorotherdentalormedicalprofessionalmayneed

toworkinasterileenvironment,whichisn’taproblemformesinceIcansterilizemybib

holdersatthefactoryandshiptheminsterilepackaging.Ijustneedtoselectamaterialfor

thebibholderthatcanbesterilizedduringmanufacturing.Therearemanydifferenttypes

ofplasticsthatsatisfythiscondition.Ialsoplantooffercoloroptionsforthebibholder–

someclientslikeparticularcolorschemesfortheirclinic.I’malsoconsideringmakingaline

of bib holders having the same features but to be used in restaurants, or even at home.

Parentsof small childrencoulduse thesebibholders toattachregularnapkinsabout the

neckoftheirchildrenandusethenapkinsasbibs.Inallcases,twofastenersareneededto

holdthebib.

Also, I conducted a search and uncovered one issued patent (the claims aremissing for

somereason),oneregistereddesignandabrochurefrommycompetitor.

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PaperA–2017 Drawingsoftheinvention

FIG.1

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PaperA–2017 Drawingsoftheinvention

FIG.2

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PaperA–2017 Drawingsoftheinvention

FIG.3

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PaperA–2017 Drawingsoftheinvention

Bib

Clip

Clip

Holder

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PaperA–2017 Drawingsoftheinvention

FIG.5

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PaperA–2017 D1

United States Patent [19] Clark

[11] Patent Number: D3XX,XXX [45] Date of Patent: Apr. 7, 1998

______________________________________________________________________________

[54] COMBINED DECORATIVE CHAIN AND CLIP NAPKIN HOLDER

[75] Inventor: Kent CLARK, Las Vegas, NV

[21] Appl. No.: 7Z,ZZZ

[22] Filed: Sep. 5, 1997

[57] CLAIM The ornamental design for a combined decorative chain and clip napkin holder, as shown.

DESCRIPTION FIG. 1 is a front elevation view of a combined decorative chain and napkin holder showing my new design; FIG. 2 is a rear elevation view thereof; FIG. 3 is a left side elevation view thereof; FIG. 4 is a right side elevation view thereof; FIG. 5 is a top plan view thereof; FIG. 6 is a bottom plan view thereof; FIG. 7 is a front elevation view thereof with the body and napkin shown in broken lines for illustrative purposes only and forming no part of the claimed design.

1 Claim, 3 Drawing Sheets

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PaperA–2017 D1

U.S. Patent Apr. 7, 1998 Sheet 1 of 3 D3XX,XXX

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PaperA–2017 D1

U.S. Patent Apr. 7, 1998 Sheet 2 of 3 D3XX,XXX

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PaperA–2017 D1

U.S. Patent Apr. 7, 1998 Sheet 3 of 3 D3XX,XXX

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PaperA–2017 D2

ACME DISPOSABLE BIBS ACME Disposable Bibs are the industry’s most affordable and easy-to-use bibs. They are specifically designed to effectively protect a wearer’s clothes against stains during feeding. The one-piece construction of the ACME Disposable Bib facilitates use compared to other products that need to be tied behind the neck.

Each ACME Disposable Bib is formed from a rectangular sheet of absorbent tissue. A hole is formed near the top of the sheet of tissue to form a head opening and a band for holding the bib around the wearer’s neck. To use the ACME Disposable Bib, the head of the user is inserted through the head opening such that the bib rests against the chest of the user. The head opening is specially designed to ensure that the band of tissue comfortably rests against the nape of the user’s neck.

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PaperA–2017 D2

To remove the ACME Disposable Bib, the user, or a person assisting the user, simply pulls down on the bib until the tissue rips. This allows easy removal and ensures that the user will not get stained by passing the bib back over his/her head. The bib can then be thrown away. ACME Disposable Bibs are offered in infant, children and adult sizes and in a variety of colors and patterns. ACME Disposable Bibs are delivered in boxes of 50, 100 or 200 bibs. The bibs are individually folded and stacked inside the box and can be pulled out of the box one by one through a convenient opening on the side of the box. For additional protection, try the Deluxe ACME Disposable Bibs that have a layer of polymer under the layer of tissue to provide a moisture barrier. For more information call : 1-800-ACME-BIB -or- Order online at www.acmebibs.com 2014 – ACME BIB Inc.

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PaperA–2017 D3

United States Patent [19] Price

[11] Patent Number: 5,YYY,YYY [45] Date of Patent: July 2, 1991

______________________________________________________________________________

[54] NECK CORD

[75] Inventor: Joe PRICE, Smallville, IL

[73] Assignee: Neck Cord Co., Smallville, IL

[21] Appl. No.: 07/ABC,DEF

[22] Filed: Mar. 20, 1989

Primary Examiner - Wayne, B. Attorney, Agent or Firm - AAA LLP

[57] ABSTRACT

A neck cord construction including a strap forming a closed loop of flexible material adapted to be disposed about a part of a human body, a mounting element on the loop at a fixed location thereon for mounting an object to be displayed or used by the wearer of the neck cord, and a clip assembly defining a location whereat the loop may be open and closed.

8 Claims, 1 Drawing Sheet

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PaperA–2017 D3

U.S. Patent No. 5,YYY,YYY

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NECK CORD

FIELD OF THE INVENTION This invention relates to an assembly

that includes a strap that is adapted to be placed about a body part, such as a neck cord or the like.

BACKGROUND OF THE INVENTION There are many types of articles that

include a strap to be worn about a part of the body which may be generically termed neck cords. In many cases, these neck cords are fitted with some sort of a mounting element such that another article may be attached to the strap. For example, identification cards may be affixed to neck cords. Sports officials frequently will attach whistles to loops worn about the neck.

While such uses of neck cords are advantageous, they are not without their drawbacks. For example, a worker around machinery and wearing an identification card as is a fairly common occurrence attached to a loop worn about the neck can be severely injured if the loose identification card attached to the neck cord becomes caught in the machinery and pulls the worker into the machinery. Similarly, unruly fans at sporting events might grab a sport official's whistle or the like such that injury could occur to the sports official if he could not break away from the fan.

The present invention is directed to overcoming one or more of the above problems.

SUMMARY OF THE INVENTION It is the principal object of the invention

to provide a new and improved neck cord construction that may readily detach and then be reattached. It is also an object of the invention to provide a hook assembly whereby an object may be secured to a strap or a neck cord as well as a clip assembly for use in the neck cord construction. The clip assembly may open and be pulled free from the wearer while permitting closing of the loop thereafter such that the loop may be used again.

DESCRIPTION OF THE DRAWINGS FIG. 1 is a perspective view of a neck

cord made according to the invention; FIG. 2 is a plan view of a male fixture

forming part of a clip assembly;

FIG. 3 is a side elevation of the male fixture;

FIG. 4 illustrates a completed clip assembly in assembled condition including both male and female parts; and

FIG. 5 is a view of a mounting element, specifically, a hook, with parts broken away for clarity.

DESCRIPTION OF THE PREFERRED EMBODIMENT

An exemplary embodiment of a neck cord made according to the invention is illustrated in FIG. 1 and is seen to include an elongated strap 10 of flexible material such as plastic or cloth.

Two ends 12 and 14 of the strap 10 come together and are joined to a mounting element in the form of a hook 16. The hook 16 may be utilized to mount, for example, an identification card 18, to the strap 10. Typically, with the strap ends 12 and 14 brought together, a closed loop is formed as illustrated in FIG. 1 which may be placed about some part of the body of the wearer. In the embodiment illustrated, the neck 20 of an individual wearing the neck cord is shown in dotted lines.

According to the invention, the strap 10 includes a clip assembly, generally designated 22. The clip assembly 22 includes inter-engaging male and female parts 24 and 26 which may separate to allow the strap 10 to be pulled free from the part of the human body about which it is placed. Of particular concern is the fact that the clip assembly 22 be located at a point remote from the fixed location on the strap 10 whereat the mounting element or hook 16 is located. It is preferable that the breakaway assembly 22 be disposed to be at the side of the neck as seen in FIG. 1.

The purpose of locating the clip assembly 22 remotely from the hook 16 is as follows. Were the object 18 mounted on the hook 16 be caught in machinery, if the clip assembly 22 were in close proximity to the hook 16, it could also get caught in the machinery quite rapidly and before it had a chance to separate. In such a case, it would be of no use. Similarly, in the case of the sports official who may be accosted by an unruly fan, if the clip assembly 22 is too close to the hook 16, the fan could possibly grab the strap 10 at a location

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PaperA–2017 D3

between the clip assembly 22 and the body part 20, again resulting in the clip assembly being completely ineffective.

The construction of the clip assembly is illustrated in FIGS. 2, 3 and 4 and reference will now be made thereto. The male fixture 24 includes a base 30 in the form of a rectangular solid of plastic or the like. The base 30 includes an interior recess 32 which is adapted to receive an end of the strap 10 which may be glued or solvent welded therein.

Opposite of the recess 32, the base 30 includes a bifurcated projection, generally designated 34, terminating in a circular tip 36. In the preferred embodiment of the invention, the projection 34 is defined by two fingers 38 and 40 integrally formed on the base 30 and each terminating in a semi-circular end 42. The ends 42 are not strictly semi-circular, being provided with rounded noses 44 for purposes to be seen.

The facing edges of the fingers 38 and 40 are defined by parallel edges 46 at the semi-circular ends 42 which then merge into a triangular recess 48 that extends almost back to the base 30.

The female fixture 26 is also in the form of a rectangular solid, also of plastic, and includes a strap receiving recess 50 identical to the recess 32. Oppositely of the recess 50, the female fixture includes a circular opening 52 which thus defines a circular interior recess within the fixture 26. A mouth 54 extends from the end of the fixture 26 opposite the recess 50 inwardly to the circular recess 52 and is defined by converging side walls 56. The side walls 56 are shaped and angled so as to snugly receive the fingers 38 and 40.

It will be noted that where the mouth 54 joins the recess 52, the side walls 56 are spaced apart a distance less than the diameter of the circular tip 36 but are sufficiently wide so that the walls 56 may cam the semi-circular ends 42 towards each other and allow circular tip 36 to enter the recess 52 and return to its normal configuration to secure two fixtures together. The rounded noses 44 facilitate this mode of assembly.

When a separating force is applied to the fixtures 24 and 26, the circular shape of the recess 52 and the tip 36 allows the fingers 38 and 40 to be cammed towards each other such

that the projection 34 may be pulled free from the recess 52 and the mouth 54 thereof. It should be noted that the separating force may be applied by pulling the neck cord apart in different directions (e.g., as may occur when the clip assembly is caught in machinery) or by gripping the fixtures 24 and 26 and pulling them apart. Once separated, the fixtures 24 and 26 can be joined again in the manner described above.

FIG. 5 illustrates a preferred form of the mounting element or hook 16. As can be seen, the same includes a base 60 including a strap receiving recess 62 therein. The recess 62 is preferably identical to the recesses 32 and 50. As illustrated, the ends 12 and 14 of the strap 10 are disposed within the recess 62 and are bonded therein and to each other by adhesive or a solvent weld 64.

Extending from the base 60 oppositely of the recess 62 is an integral, relatively thick, stiff hook element 66 having a redirected end 68 facing the base 60.

Extending from the base 60 in adjacency to the hook 66 is a relatively thin finger 72. The finger 72 is integral with the base 60 and typically the mounting element will be made of plastic to provide for some resilience of the finger 72.

The finger 72 terminates in an end 74 which is inward of the end 68.

The finger 72 and the hook 66 join the base 60 at an interface and to provide for hinge like action whereby the finger 72 may be moved between the solid and dotted line positions, a recess 76 is located at the interface. As illustrated, in a preferred embodiment, the recess 76 is semi-circular in section.

From the foregoing, it will be appreciated that the invention provides a neck cord that may be worn safely at all times by reason of the clip assembly. Thus, it is ideally suited for use in carrying identification cards in areas wherein machinery is operating or may be used by sports officials to carry whistles or the like. Advantageously, when a separating force is applied to the clip assembly, the clip assembly can be reattached such that the neck cord can be used again. Obviously, use of the neck cord is not limited to those specific instances.

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