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. 6Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007