Appeal No. 98-0808
Application No. 08/566,689
shoulder straps of a single undergarment wherein the straps
extend over different shoulders as the examiner contends.
Baldwin and Sanchez simply teach two entirely different
ways of preventing shoulder straps of undergarments or
lingerie from shifting position on the shoulders of a user.
That is, Baldwin provides a clip on the underside of an outer
garment at each shoulder for engaging the "straps" of single
or multiple undergarments at that location, while Sanchez
provides a connecting band 12 which may be fastened between
two straps of a single undergarment at selected locations
along an extent of the straps. There is simply nothing in the
combined teachings of Baldwin and Sanchez which would fairly
suggest providing a clip to receive the shoulder straps of a
brassiere which pass over different shoulders of a user in the
manner expressly required by the claims on appeal. This being
the case, we will not sustain the rejection of claims 1-5
under 35 U.S.C. § 103 based on the combined teachings of
Baldwin and Sanchez.
The decision of the examiner is reversed.
REVERSED
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