Appeal No. 97-0331
Application 08/359,562
We REVERSE and, pursuant to our authority under the
provisions of 37 CFR § 1.196(b), enter a new rejection of claims
1, 8 and 9.
The appellant’s invention pertains to a hand-held paddle
that is particularly adapted for use with a small, shallow draft
recreational boat, such as a kayak. Independent claim 1 is
further illustrative of the appealed subject matter and reads as
follows:
1. A hand paddle comprising:
a paddle blade of a length shorter than its width
and having an upper side and a lower side,
an extended-in-length brace having corresponding
upper and lower sides as said paddle, with a
generally flattened end opposed from said paddle
blade for bearing against a forearm of a user at a
point near an elbow thereof,
a first opening in said brace for receiving a hand
of a user, so that in use said upper side of said
paddle blade bears against a hand of the user, and
a lower side of said brace bears against said
forearm.
The references relied on by the examiner are:
Malm 2,109,429 Feb. 22, 1938
Whipple 2,745,119 May 15, 1956
Girden 3,529,313 Sep. 22, 1970
Claims 1, 2, 8 and 9 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Malm.
Claims 3 and 10 stand rejected under 35 U.S.C. § 103 as
2
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