Ex Parte ZATLIN - Page 13




              Appeal No. 2002-1250                                                                    Page 13                  
              Application No. 09/200,057                                                                                       


                      Romero discloses a head guard for a soccer player.  The head guard minimizes                             
              injury which can occur to the forehead of a player when contacted by a soccer ball.  The                         
              head guard also enables a player to more readily control a soccer ball when bunting the                          
              ball with his head.  Romero teaches (column 1, lines 27-46) that                                                 
                             During a game of soccer, a player has occasion to "bunt" an airborne,                             
                      rotating soccer ball with his forehead. Since a soccer ball typically moves through                      
                      the air at a substantial velocity, controlling the ball while it is bunted will the                      
                      forehead is difficult. After a player has been actively moving about a soccer field                      
                      during a match, perspiration on the head of the player increases the difficulty a                        
                      player has in controlling the ball during bunting. In addition, when a soccer ball                       
                      contacts the forehead of a player, the ball imparts compressive and shear forces                         
                      which can cause tears and can break capillaries in the flesh covering the skull                          
                      bone of the player.                                                                                      
                             Accordingly, it would be highly desirable to provide improved apparatus                           
                      which would, during bunting of a soccer ball, protect the head of a soccer player                        
                      and facilitate a player's controlling the soccer ball.                                                   
                             Therefore, it is a principal object of the invention to provide improved                          
                      apparatus for protecting the head of a player during bunting of a soccer ball.                           



                      In our view, the above-noted teachings of Ashinoff and Romero provide sufficient                         
              motivation to have made it obvious at the time the invention was made to a person of                             
              ordinary skill in the art to have used Ashinoff's forehead guard to head a soccer ball.  In                      
              that regard, Ashinoff specifically teaches that a sports player should wear the forehead                         
              guard when the sports player fears reinjury to a recovering forehead and Romero                                  
              teaches and suggests that a head guard be worn to protect a soccer player heading a                              








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