Ex parte ELTING et al. - Page 13




                Appeal No. 97-2226                                                                               Page 13                      
                Application No. 08/203,789                                                                                                    


                        We agree with the appellants' argument (reply brief, pp. 9-                                                          
                10) that the recitation "form-fitting" in the preamble of claim 1                                                             
                must be given weight.  However, the recitation "form-fitting"                                                                 
                reads on  the garments disclosed by Thompson, Dye and Boettcher.7                                                                                                               


                         Based upon the combined teachings of Thompson, Dye and                                                               
                Boettcher, it is our opinion that it would have been obvious to                                                               
                one of ordinary skill in the art at the time of the appellants'                                                               
                invention to have (1) provided Thompson's garment with a hood                                                                 
                piece for covering the head and neck of the patient as suggested                                                              
                and taught by Boettcher's hood 15 for the self evident advantage                                                              
                of protecting the head and neck of the patient from low                                                                       
                temperatures and drafts, (2) modified the leg sections of                                                                     
                Thompson to provide openings along the left lateral line of the                                                               
                left leg portions and along the right lateral line of the right                                                               
                leg portions as suggested and taught by Dye, and (3) provided a                                                               
                closable opening along an anterior neck line of the hood piece to                                                             
                permit access to the front portion of the neck of the wearer in                                                               


                         7Terms in a claim under examination are to be given their                                                            
                broadest reasonable interpretation consistent with the                                                                        
                specification, and that claim language should be read in light of                                                             
                the specification as it would be interpreted by one of ordinary                                                               
                skill in the art.  See In re Sneed, 710 F.2d 1544, 1548, 218 USPQ                                                             
                385, 388 (Fed. Cir. 1983).                                                                                                    







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