Appeal No. 99-0031
Application 08/639,737
This is an appeal from the final rejection of claims
1, 2 and 4. Of the other claims remaining in the application,
claim 3 has been indicated as being allowable if rewritten in
independent form, and claims 6 to 8 have been allowed.
The claims on appeal are drawn to an attachment for
a baseball type cap, and are reproduced in the appendix to
appellant's brief.
The reference applied in the final rejection is:
Nieves-Rivera 5,493,734 Feb. 27, 1996
Claims 1, 2 and 4 stand finally rejected under 35
U.S.C. § 102(e) as anticipated by Nieves-Rivera. Since appel-
lant states on page 3 of the brief that the claims stand or
fall together, we will decide the appeal on the basis of claim
1.
37 CFR § 1.192(c)(7).
The examiner sets forth the basis of the rejection
on pages 2 and 3 of the final rejection (Paper No. 6) as:
Nieves-Rivera shows an attachment 10
comprised of securement means 12, 14, and
16, a connector portion having diverging
side edges 17a, 17b, and neck shield 20a,
2
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Last modified: November 3, 2007