Appeal No. 2001-2338
Application 08/996,360
or cushioning arm protector for the armrest which is removably
securable about the armrest. Claim 36 is directed to a method of
simultaneously cushioning and protecting a person’s arm and
displaying advertising indicia, comprising (inter alia) providing
an elongated cushioning body having advertising indicia on the
outside surface thereof, providing “a substantially non-movable
stadium chair” having an armrest, and installing the cushioning
body over the armrest of the substantially non-moveable stadium
chair so that the advertising indicia is viewable. In this case,
it is important that we understand exactly what appellant means
by the recitation of “a substantially non-movable chair” having
an armrest and “a substantially non-movable stadium chair” having
an armrest.
As we noted above, appellant’s specification on pages 1 and
2 makes clear that the problem addressed by appellant regards
permanently constructed outdoor seating for places such as
outdoor sports stadiums and the like and, more specifically, the
problem of persons sitting in such outdoor seating in short
sleeve shirts and facing the risk of the person’s bare arms
directly contacting the sun-heated armrests of the seats. To
overcome that problem, appellant has devised a portable
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