Ex Parte Gagnon - Page 9


         Appeal No.  2006-1562                                                      
         Application No. 10/720,948                                                 
         adhesive coating or layer for positioning said piece of material           
         on a portion of an individual’s face so that the said piece of             
         material interferes with said individual’s ability to look at              
         said sporting object while attempting to control said sporting             
         object due to said thickness.”                                             
              Claim 10 requires a system for training an individual                 
         comprising “a pair of potentially disposable view restricting              
         members; each said member being adhesively applied to one of the           
         cheeks under an eye of said individual; and each said member               
         having a thickness sufficient to interfere with said                       
         individual’s vision if said individual attempts to look down and           
         sufficient to encourage said individual to look in an up and               
         forward direction towards a field of play and at least one                 
         player on said field of play.”                                             
              Claim 1 appears to be satisfied by the eye patch disclosed            
         in U.S. Patent 4,951,658 to Morgan.  Morgan’s eye patch is an              
         occlusive, opaque patch that forces a patient to use his weak or           
         lazy eye.  (Column 1, lines 8-10, column 4, lines 14-16).  The             
         patch is placed over the good eye to completely block the vision           
         of the user in that eye.  (Column 1, lines 8-10, 57-60).                   
         Because the patch is “occlusive” and “opaque” and is meant to              
         block the vision of the user, the patch necessarily must have a            


                                         9                                          


Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007