Appeal No. 97-0032
Application No. 08/095,295
FRANKFORT, Administrative Patent Judge, concurring-in-part.
I join in Judge Nase’s opinion reversing the rejections of
claims 21 through 32 and 34 through 36 under 35 U.S.C. § 103.
With particular regard to claim 33 on appeal, I vote to
reverse the examiner's rejection under 35 U.S.C. § 103 based on
Warren in view of Connell, Worrall and Touzani because I share
appellants' view (brief, pages 17 and 31-32, and reply brief,
pages 4-5) that none of the references applied by the examiner,
whether considered individually or collectively, shows, teaches
or suggests a container and strap combination which is responsive
to that set forth in claim 33, considered as a whole. More
specifically, none of the applied references teaches or suggests
a container having a "pivot means" of the particular character
required in this claim. The container defined in claim 33 on
appeal is seen in Figures 4A-4C of the application drawings and
includes a strap (12) which can be extended around the torso of a
person and a bellows compartment (10, 11) attached to the strap
by way of
"pivot means pivotably attaching said inner wall of said
bellows compartment to said strap, said pivot means enabling
said bellows compartment to pivot with respect to said strap
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