Appeal No. 95-4152
Application 08/042,044
teaches an adjustable strap in figure 5 (Br26). Appellants
argue that "Burbo does not disclose an adjustable strap but
instead discloses adjustable mechanical mounting means"
(Br26). The examiner responds that the argument is not
persuasive because "the element in figure 5 of Burbo is
functionally equivalent" (EA15). The limitation "elastic or
adjustable straps" does not require an elastic strap. In our
opinion, the mounting assembly 15 which adjustably mounts the
display to the visor slot 14 (col. 6, line 59 through col. 7,
line 28) can be broadly construed as an "adjustable strap"
because this limitation says nothing about the strap going
around the head or being non-rigid. In addition, Hanson
teaches mounting the display to the helmet with a strap 42 in
figure 2 and mounting the display to the head with an
"adjustable strap 98" (col. 8, line 8) in figure 9. In our
opinion, it would have been obvious to one of ordinary skill
in the art to attach the adjustable strap 98 in figure 9 to
the helmet in view of the teaching of mounting the strap 42 to
the helmet in figure 2. The rejection of claim 18 is
sustained.
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