Appeal No. 97-0032
Application No. 08/095,295
Warren's purse 30 is held to the garter belt by loops 31 which
prevent the purse from pivoting.
While Administrative Patent Judge Frankfort finds this
argument to be persuasive, I find this argument to be
unpersuasive for the following reasons. First, the fastening
members 32 and 33 of Warren do permit the purse to pivot with
respect to the garter about an axis generally normal to the front
surface of the garter and the inner wall of the purse. Thus, the
function recited by the pivot means of claim 33 reads on Warren's
garter and purse since Warren's purse 30 is fully capable of
pivoting about the fastening members 32 and 33 to a horizontal
position independent of any orientation of the garter. Second,
claim 33 is drafted utilizing the transitional phrase
"comprising." Therefore, claim 33 is open-ended and does not
exclude additional, unrecited elements. Thus, the pivot means as
recited in claim 33 does not define over Warren's purse which has
additional structure (i.e., loops 31) which prevent Warren's
purse 30 from fully pivoting about the fastening members 32 and
33 when the garter is passed through the loops 31.
3535
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