Ex parte PRIMEAU - Page 8




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


          recited in claim 1 would have been obvious at the time the                  
          invention was made to a person of ordinary skill in the art.                
          Accordingly, we shall not sustain the standing 35 U.S.C. § 103              
          rejection of this claim.                                                    
               Nor shall we sustain the standing 35 U.S.C. § 103                      
          rejection of dependent claims 4 and 5 as being unpatentable                 
          over Hale in view of Bowen, Finken and Copeland or the                      
          standing 35 U.S.C.                                                          
          § 103 rejection of dependent claim 6 as being unpatentable                  
          over Hale in view of Bowen, Finken and Zide.  In short,                     
          Copeland’s disclosure of an adjustable helmet suspension means              
          and Zide’s disclosure of a helmet chin strap do not cure the                
          above noted deficiencies of the basic Hale, Bowen and Finken                
          combination with respect to the subject matter recited in                   
          parent claim 1.                                                             
               The following rejection is entered pursuant to 37 CFR                  
          § 1.196(b).                                                                 
               Claim 8, and claims 10 through 13 which depend therefrom,              
          are rejected under 35 U.S.C. § 112, second paragraph, as                    
          failing to particularly point out and distinctly claim the                  
          subject matter the appellant regards as the invention.  The                 
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