Appeal No. 97-0828
Application 08/445,540
Bowen discloses a crash helmet 10 having goggles 32
attached thereto by a pair of elastic straps 34 and snap
fasteners 30. The goggles are movable between a first
position wherein they cover the eyes of the user (see Figures
1 and 2) and a second position wherein they rest on the top of
the helmet (see Figure 3).
Finken discloses a safety helmet 15 having an eye shield
1 attached thereto by elastic bands 9 and snap fasteners 13.
The bands include conventional sliders 10 which allow the
effective lengths of the bands to be adjusted.
According to the examiner, it would have been obvious to
one of ordinary skill in the art to replace Hale’s means for
attaching the face mask to the helmet with a pair of length-
adjustable elastic straps in view of Bowen and Finken to allow
the face mask to be stored on top of the helmet when not in
use (see pages 3 and 4 in the answer). The examiner indicates
that this modification would include the elimination of Hale’s
belt strap 20 (see page 5 in the answer).
We agree with the appellant, however, that this proposed
modification of the Hale head gear is based on impermissible
hindsight rather than on the fair teachings, suggestions and
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