Ex Parte Varn - Page 2




                    Appeal No. 2004-0367                                                                                                                                  
                    Application No. 09/733,359                                                                                                                            


                    but which because of its location on the dorsal surface of a                                                                                          
                    user's arm frees the volar side of any hard material, which would                                                                                     
                    interfere with everyday uses of the hand, and thus frees the                                                                                          
                    volar side so that the wearer is permitted to use their fingers                                                                                       
                    for everyday activities such as writing, typing, driving and                                                                                          
                    grasping.  Independent claims 1 and 11 are representative of the                                                                                      
                    subject matter on appeal and a copy of those claims can be found                                                                                      
                    in Appendix A, filed by appellant by FAX on June 16, 2003.                                                                                            


                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Klotz                                            5,358,471                                         Oct. 25, 1994                                      
                    Cherubini                                        5,415,623                                         May  16, 1995                                      
                    Varn                                             5,637,078                                         Jun. 10, 1997                                      

                    Claims 1 through 4 and 9 stand rejected under 35 U.S.C.                                                                                               
                    § 102(b) as being anticipated by Varn.                                                                                                                


                    Claims 6, 7, 10 and 11 stand rejected under 35 U.S.C.                                                                                                 
                    § 103(a) as being unpatentable over Varn in view of Klotz.                                                                                            


                    Claim 8 stands rejected under 35 U.S.C. § 103(a) as being                                                                                             
                    unpatentable over Varn in view of Cherubini.                                                                                                          


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