Appeal No. 98-0808
Application No. 08/566,689
We REVERSE.
The appellant's invention pertains to (1) the combination
of a brassiere and a clip for preventing the shoulder straps
of the
brassiere from slipping off the shoulders of a user and (2) a
method of securing a brassiere including the step of mounting
a clip on the shoulder straps of the brassiere. Independent
claims 1 and 5 are further illustrative of the appealed
subject matter and copies thereof may be found in the appendix
to the brief.
The references relied on by the examiner are:
Baldwin 1,489,731 Apr.
8, 1924
Sanchez 5,024,628 Jun.
18, 1991
Claims 1-5 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Baldwin in view of Sanchez. According to
the examiner it would have been obvious "to employ the clip of
Baldwin with such an undergarment as that of Sanchez in order
to prevent shoulder straps from sliding off of the shoulders
of a wearer and being seen" (answer, page 4). It thus appears
that the examiner is proposing to utilize the clip of Baldwin
to hold Sanchez's pair of brassiere straps together in order
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