Appeal No. 97-0032
Application No. 08/095,295
flap containing fastening means for removably fastening the
distal end of the flap to the inner side of the belt.7
As to these limitations the examiner stated that it would8
have been obvious to modify the flap of Warren's purse to open
outwardly from the garter (instead of inwardly) as suggested by
Connell. Again, the examiner, in our view, has resorted to the
use of impermissible hindsight to reconstruct the claimed
invention. In that regard, the examiner has not established why
one of ordinary skill in this art would have been motivated to
modify the flap on Warren's purse to extend down adjacent the
inner side of the belt and to be removably fastened thereto.
While Connell does teach the use a flap 22 that opens outwardly
from his belt 11-14, Connell does not teach the use of a flap
extending over a compartment having outer and inner walls,
7We have determined that the broadest reasonable
interpretation of the "fastening means" consistent with the
specification requires a fastening device on both the distal end
of the flap (see appellants' fastener 20 as shown in Figures 2A
and 2B or fastener 32F as shown in Figures 6B, 6C and 7) and the
inner side of the belt (see appellants' fastener 19 as shown in
Figures 2A and 2B or fastener 32M as shown in Figures 6B, 6C and
7). See In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388
(Fed. Cir. 1983).
8The specific limitations are found on lines 13-16 and 20-
21 of claim 36.
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