Ex parte MACKLEY - Page 3




          Appeal No. 97-0771                                                          
          Application No. 08/405,385                                                  


          wearer from cold, moist surfaces during outdoor activity"                   
          (answer, page 3), and thereby arrive at the subject matter of               
          claim 15.                                                                   
               Appellant argues that there is no suggestion in the                    
          applied references for combining them in the manner proposed                
          by the examiner.  In addition, appellant argues that Finlay                 
          does not disclose the closure devices called for in the last                
          paragraph of claim 15, such that even if Finlay were modified               
          in the manner proposed, the subject matter of claim 15 would                
          not result.                                                                 
               Independent claim 15, the sole independent claim on                    
          appeal, calls for a garment comprising inner and outer panels               
          joined together by a crotch portion to define a front primary               
          flap and a rear primary flap.  The outer panel is made of a                 
          material which forms a barrier against moisture penetration,                
          and the inner panel is made of a lining material.  In the last              
          paragraph, claim 15 further calls for a pair of closure                     
          devices than can be repeatedly closed and opened                            
               for joining [the] left side of said front primary                      
               flap to [the] left side of said rear primary flap                      
               over the left hip and waist areas of the wearer and                    
               for joining [the] right side of said primary flap to                   

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Last modified: November 3, 2007