Ex Parte SEYMOUR - Page 6



          Appeal No. 2000-1555                                                        
          Application No. 08/922,929                                                  

          Detachable top layer 12 separates from strap 10 at one end and              
          pivots at its other end which is attached to bottom layer 14 by             
          hinge 18 (col. 2, lines 56-67).  We further find that Blonder               
          refers to the function of top layer 12 as being “released and               
          rotated at hinge 18" (col. 3, lines 28-30, 62-65 and col. 4,                
          lines 37-44) which shows that top layer 12 does not require to be           
          straightened after release and adopts a straighter configuration            
          as soon as it is released from its first end 13.  In particular,            
          Blonder specifies in col. 4, lines 37-40 that:                              
               The strap 10 is made of materials that are relatively                  
               stiff so that when the top layer 12 of the strap 10 is                 
               released and rotated, the top layer 12 will remain in                  
               an “upright” position.  [Emphasis added.]                              
          Therefore, top layer 12 is biased to a straighter configuration             
          compared to the curvature of the strap 10.  However, neither top            
          layer 12 nor any part of the handset is demountable from the                
          wearable element or strap 10.  In fact, all the elements remain             
          attached to strap 10 forming the wrist radiotelephone device.               
               Accordingly, we find that the radiotelephone device of                 
          Blonder does not include a wearable element and a demountable               
          handset; rather it includes the wrist strap and the handset in              
          one integral structure that is wearable as one unit.  Although we           
          disagree with Appellant that Blonder’s top layer 12 is not biased           

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