Ex Parte COURTNEY et al - Page 3



                    Appeal No. 2001-2543                                                                                                                                  
                    Application No. 09/225,892                                                                                                                            

                    includes a pocket member (710) either permanently or removably                                                                                        
                    attached to a tank belt (320) and a pouch member (740) for                                                                                            
                    receiving the one or more weight members.  The pouch member is to                                                                                     
                    be carried in the pocket member and includes a quick release                                                                                          
                    handle (754) to allow a person, other than the diver, to remove                                                                                       
                    the pouch member and weights carried therein when the diver is                                                                                        
                    finished with his or her underwater travels.  It is repeatedly                                                                                        
                    emphasized in appellants' specification that the weight member or                                                                                     
                    members must be positioned on the cylinder exactly opposite the                                                                                       
                    diver so that the diver is unable to gain access to the one or                                                                                        
                    more weight members and remove or release them during his or her                                                                                      
                    underwater travels.  See particularly page 64, lines 6-21, for an                                                                                     
                    indication of the critical nature of the positioning of the                                                                                           
                    weight members so that they cannot be dropped in an emergency                                                                                         
                    situation.  Independent claims 1 and 21 are representative of the                                                                                     
                    subject matter on appeal and a copy of those claims may be found                                                                                      
                    in the Appendix to appellants' brief (Paper No. 15).                                                                                                  

                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Finnern                                          4,455,718                                         Jun. 26, 1984                                      
                    Eylander                                         5,076,575                                         Dec. 31, 1991                                      
                                                                                    33                                                                                    




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