Ex parte BARFIELD et al. - Page 6




          Appeal No. 97-3707                                                          
          Application 08/595,910                                                      



          of meeting the limitations in claim 9 requiring the web to be               
          "sized relative to the user’s hand when secured thereon to                  
          overlie the thumb and index finger between respective second                
          knuckles thereof and the hand web portion between the thumb                 
          and index finger, with its said opposite ends then being near               
          the second knuckles."  As correctly pointed out by the                      
          appellants (see page 6 in the brief), the portion of the Fox                
          device corresponding to the recited web, the length of                      
          flexible material, is far longer than the web size required by              
          claim 9 in order to provide the Fox device with a handle                    
          portion 10 (see Fox’s Figures 1 and 5(a)).  There is nothing                
          in the combined teachings of Fox and Delsack which would have               
          suggested shortening the length of Fox’s web to the size                    
          recited in claim 9, thereby eliminating the handle portion and              
          changing the very nature of the Fox device.                                 
               Tegethoff and/or Schultz, applied to support the standing              
          rejections of dependent claims 10 through 12, do not cure the               
          foregoing deficiencies in the basic Fox-Delsack combination.                





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