Ex parte PRIMEAU - Page 5




          Appeal No. 97-0828                                                          
          Application 08/445,540                                                      


          position by an elastic strap 36 which extends around the                    
          helmet and is connected to the sides of the face mask by belt               
          straps 38.  The foregoing construction allows the head gear to              
          be quickly and easily doffed by “hinging the face mask 18                   
          forward and raising the protective head gear upward and                     
          backward to remove same” (column 2, lines 55 through 57).                   


               As is implicitly conceded by the examiner, the Hale head               
          gear does not meet the limitation in claim 1 requiring                      
          “elastic strap means connected between opposite sides of said               
          helmet adjacent to said face area and opposite sides of said                
          facemask for permitting said facemask to be slid from a first               
          position over said face area to a position over said top                    
          portion” of the helmet.  While Hale’s elastic strap 36 and                  
          belt straps 38 arguably constitute elastic strap means                      
          connected between opposite sides of the helmet adjacent its                 
          face area and opposite sides of the face mask, these elements               
          would not permit the face mask to be slid from a first                      
          position over the face area to a position over the top portion              
          of the helmet, at least in part due to the presence of the                  
          belt strap 20.                                                              
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