Ex parte WASSERMAN - Page 2




          Appeal No. 1998-1608                                       Page 2           
          Application No. 08/429,926                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to an anklet for a foot              
          orthosis.  An understanding of the invention can be derived                 
          from a reading of exemplary claims 1 and 8, which appear in                 
          the appendix to the appellant's brief.                                      


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Incorvaia                     4,401,113                     Aug.            
          30, 1983                                                                    
          Hicks                    5,372,576                     Dec. 13,             
          1994                                                                        



               Claims 1 and 4 through 8 stand rejected under 35 U.S.C.                
          § 103 as being unpatentable over Hicks in view of Incorvaia.                


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the final rejection (Paper No.              
          5, mailed January 15, 1997) and the answer (Paper No. 11,                   
          mailed December 8, 1997) for the examiner's complete reasoning              
          in support of the rejection, and to the brief (Paper No. 10,                







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