Ex parte COOMBS et al. - Page 6




          Appeal No. 95-4152                                                          
          Application 08/042,044                                                      

          present underneath said brim" is considered to recite a known               
          inherent property of any helmet with a brim when worn in a                  
          heated environment where stratified heat is present because                 
          the only structure recited to perform the limitation is the                 
          brim.  Also, the specification states (page 11):  "as further               
          known to those skilled in the art, an envelope of reduced heat              
          is present underneath the helmet brim 14 . . . ."  Third,                   
          claim 1 does not specify any particular structure for the                   
          helmet, except that it has a cap and brim; e.g., it does not                
          state that the brim extends on all sides of the cap or how far              
          out the brim extends.  Fourth, we interpret the limitation                  
          "generally underneath said brim . . ." broadly to require that              
          only a part of the camera has to be protected by the brim;                  
          i.e., we do not interpret "generally underneath" to require                 
          the camera to be substantially or completely underneath the                 
          brim.  This interpretation is consistent with appellants'                   
          figure 1, which shows the camera 16 mounted to the edge of the              
          brim and extending outward therefrom.  This interpretation is               
          also consistent with claim 9, which recites a curved                        
          protective shield "to further protect said camera from said                 
          falling objects and to shield said camera from stratified                   

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