Ex parte LOPEZ et al. - Page 4




                Appeal No. 97-0747                                                                                                            
                Application 08/443,258                                                                                                        


                         In essence, the appellants’ position on appeal is that the examiner’s rejections are unsound                         

                because the prior art relied upon by the examiner to support the rejections would not have suggested,                         

                and in fact teaches away from, the attachment of a cuff to a surgical gown via a single ply portion of the                    

                cuff.  In this regard, the appellants submit that Neckerman’s cuffs are attached                                              



                to their respective gowns at the two-ply back section and that this deficiency in the examiner’s primary                      

                reference is not cured by the secondary references.                                                                           

                         This line of argument is fatally flawed with respect to representative claim 26, however, because                    

                this claim does not require the step of attaching a cuff to a surgical gown via a single ply cuff portion.                    

                         More particularly, claim 26 recites a method for fabricating a surgical gown comprising, inter                       

                alia, the steps of (1) fabricating a pair of annular cuff blanks, with the fabricating of each blank                          

                comprising circularly-knitting a fabric tube having a main cuff body portion of a single ply knitted                          

                construction terminating at an outer end of the cuff in an integral turned welt forming a finished cuff                       

                edge, and (2) affixing each annular cuff blank to a respective one of the sleeves of the gown in                              

                surrounding relation to the respective wrist opening thereof for conforming to the wearer’s wrists.                           

                These two steps find full response in Neckerman’s steps of (1) circularly-knitting plural cuffs, each of                      

                which has a single-ply middle section (i.e., a main body portion) 14 and a two-ply front section (i.e., an                    

                integral turned welt) 12 and (2) attaching a pair of the cuffs to the sleeves of a surgical gown (see Figure                  


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