Ex parte MACKLEY - Page 4




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


               [the] right side of said rear primary flap over the                    
               right hip and waist areas of the wearer.                               
               Finlay, the examiner’s primary reference, is directed to               
          wraparound reversible running shorts.  The Finlay garment                   
          comprises first and second panels secured together in facing                
          relationship to form an hourglass shape when laid out flat.                 
          See Figure 4.  In use, the narrow part of the hourglass shape               
          becomes the crotch portion and the upper and lower edges                    
          become the waist band of the shorts garment.  Pile and hook                 
          fasteners 34, 35 are provided at the ends of the upper and                  
          lower edges where the edges meet the sides of the hourglass                 
          shape to hold the waist band together.  Although not expressly              
          stated, it reasonably appears that the curved sides to the                  
          hourglass shape are of sufficient extent so that, in use, they              
          overlap to avoid undue exposure of the wearer’s hip area.                   
               Boll is directed to a protective under garment.  The Boll              
          under garment comprises waist and leg bands, and a rear panel               
          having a waterproof outer surface and an absorptive inner                   
          surface.  An objective of Boll is to provide comfort, dryness               
          and warmth to a wearer engaged in outdoor activity that may                 
          include sitting on cold and damp ground.  Boll indicates that               

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Last modified: November 3, 2007