Appeal No. 99-0031
Application 08/639,737
deployable neckshield portion, as claimed. However, we do not
consider that the limitation "said connector portion being
shaped such that when folded inside said cap, said connector
portion fills said hemispheric opening to protect a user's
forehead when worn in reverse style" is readable on the at-
tachment (shield) 10 of Nieves-Rivera. The examiner contends
that attachment 10 "could clearly be folded up and pivoted to
the inside of [a baseball type] cap" (answer, page 5), but
even assuming that to be correct, claim 1 also requires that
when so folded, the connector portion protects a user's fore-
head "when worn." The attachment 10 of Nieves-Rivera is
relatively large, extending down over the shoulders of the
wearer and laterally over the cheeks (see Fig. 5). The refer-
ence does not disclose that attachment 10 may be folded inside
the helmet 36, and given its size, we do not consider that
even if it were attached to a relatively large baseball type
cap, the cap could still be worn in a normal fashion if the
attachment were folded inside it. In this regard, we agree
with appellant that (brief, page 6; original emphasis):
6
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