Appeal No. 97-0032
Application No. 08/095,295
NASE, Administrative Patent Judge, dissenting-in-part.
I join in the reversal of the rejection of claims 21 through
32 and 34 through 36 under 35 U.S.C. § 103. I respectfully
dissent from my colleagues’ reversal of the rejection of claim 33
under 35 U.S.C. § 103.
Upon evaluation of all the evidence, it is my conclusion
that the evidence adduced by the examiner is sufficient to
establish a case of obviousness with respect to claim 33.
Accordingly, I would sustain the examiner's rejection of claim 33
under 35 U.S.C. § 103 as being unpatentable over Warren in view
of Connell, Worrall and Touzani. After considering the
collective teachings of Warren and Worrall, I agree with the
examiner that the claimed invention would have been obvious to
one of ordinary skill in the art at the time of appellants'
invention. 11
Warren teaches the use a garter and purse which can be
carried on a leg of a person. Warren's garter includes a leg
11I consider Connell and Touzani to be superfluous in the
rejection of claim 33 since Warren and Worrall, taken together,
would have suggested the claimed invention.
3232
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