Appeal No. 97-0771
Application No. 08/405,385
Appellant’s invention pertains to a shorts type garment
for providing protection from environmental elements.
Independent claim 15, a copy of which is found in the appendix
to appellant’s brief, is illustrative of the appealed subject
matter.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Guithues 2,446,326 Aug. 3,
1948
Finlay 4,310,929 Jan. 19,
1982
Boll 4,894,869 Jan.
23, 1990
Claims 15-20 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Finlay in view of Boll. Claim 21
stands similarly rejected with further reliance on Guithues.
It is the examiner’s foundation position that Finlay
discloses all the structure called for in claim 15, except for
the outer and inner panels not being made of the materials
claimed. The examiner contends, however, that it would have
been obvious to one of ordinary skill in the art in view of
the teachings of Boll "to modify the Finlay garment to
incorporate the material layers as claimed to protect the
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