Ex parte CASTEL et al. - Page 5




          Appeal No. 96-1830                                                          
          Application 08/101,668                                                      


          in Figure 3 and described by Votel,                                         
                    [a] belt 50, having a buckle 51 operatively                       
               connected thereto, is attached to the waistband 11.                    
               Four straps 51, 52, 53 and 54 have their first ends                    
               operatively connected, such as by stitching, to the                    
               waistband 11.  Their second ends have a loop through                   
               which belt 50 may pass and be supported thereby.  On                   
               the belt 50 may be hung a variety of carriers or                       
               attachments.  For instance, a simple strap 55 may                      
               have a first loop 55a through which the belt 50 may                    
               be passed and a second loop 55b through which a tool                   
               may be hung.  Similarly, a pouch 56 may have two                       
               straps 57 and 58 attached thereto.  The straps 57                      
               and 58 have a loop through which the belt 50 may be                    
               passed.  The pouch 56 may then be utilized to place                    
               various piece[s] of equipment or items to be used by                   
               the wearer.  The belt 50 may be specifically                           
               designed for the support 10, or may be any belt,                       
               such as a miner’s belt, which may have a variety of                    
               well-known constructions [column 5, lines 19 through                   
               36].                                                                   
               Claims 1 and 23, the two independent claims on appeal,                 
          respectively recite a brace (claim 1) and the combination of a              
          brace and a pant’s belt (claim 23) wherein the brace forms a                
          support belt having an inward facing surface.  Both claims                  
          require, inter alia, position maintaining means comprising                  
          loops located on the inward facing surface of the support belt              
          for receiving the pant’s belt.  In response to the appellants’              
          argument that “Votel includes no loops located on the belt                  
          inward facing surface” (main brief, Paper No. 18, pages 10 and              

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