Ex parte NEUSTATER - Page 9




          Appeal No. 97-4242                                                          
          Application 08/451,281                                                      



               It is also appellants’ view that Hoagland does not show                
          or teach chest support (brief, pages 4 and 5).  As should be                
          apparent from our earlier discussion, we do not share this                  
          viewpoint.  Once again, we refer to the breadth of claim 1,                 
          particularly with respect to the recitation of the strap                    
          assembly being “positioned to distribute fall-arresting                     
          forces” to shoulders and vertically along the chest of the                  
          wearer.  As we see it, the document fairly informs a reader                 
          thereof that firm embracing support is provided to the upper                
          torso portion of a person (the arms hanging freely).  This                  
          indicates to us that, in the above noted circumstance when a                
          safety line is attached and a wearer falls, the strap assembly              
          of Hoagland is positioned about the wearer so as to be capable              
          of distributing fall-arresting forces vertically along the                  
          chest (part of the upper torso portion) of the wearer, as now               
          broadly claimed.  Once again, we point out that appellants                  
          have not come forward with any evidence to the contrary.                    



               In summary, this panel of the board has affirmed the                   
          rejection of claim 1 under 35 U.S.C. § 102(b).                              
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