Ex Parte Pointon - Page 2

                Appeal 2007-3304                                                                             
                Application 10/488,775                                                                       
                to be supported on a leg of a human body so that said face is visible, the                   
                device having means to ensure that the face remains substantially flat                       
                enough for the images to remain viewable during normal movement of the                       
                body and normal external forces, wherein the material of the planar element                  
                is inherently of sufficient stiffness to lie against the leg, in use, but is not so          
                stiff as to cause injury if another person collides with the person wearing the              
                device, and wherein the securing means comprises a substantially non-                        
                resilient tie or resilient band from which, in use when mounted on a leg, the                
                planar element depends, and which serves to secure the planar element to the                 
                leg.                                                                                         
                9. A device according to claim 1, wherein the planar element is double-                      
                sided.                                                                                       
                      The Examiner relies upon the following reference:                                      
                      Raeburn  US 3,020,558  Feb. 13, 1962                                                   

                      We affirm.                                                                             
                                               DISCUSSION                                                    
                      Claims 1 and 9 stand rejected under 35 U.S.C. § 102(b) as being                        
                anticipated by Raeburn.                                                                      
                      As Appellant does not argue the claims separately, we focus our                        
                analysis on independent claim 1.  Due to its brevity, the entire rejection is set            
                forth below.                                                                                 
                            Raeburn teaches a sash comprising a planar element . . .                         
                      having a face adapted to carry for display purposes an image or                        
                      images, the planar element being formed of a flexible woven                            
                      sash material and is secured to securing means such as a belt . .                      
                      . by which the device is adapted to be supported on a human                            
                      body so that the face is visible.  The sash has means comprising                       
                      a loop member . . . to ensure that the face remains substantially                      
                      flat enough for the images to remain viewable during normal                            
                      movement of the body and normal external forces. (See column                           
                      3, lines 25- 35).                                                                      

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