Appeal No. 95-1908
Application 07/890,620
equipment used. In addition to claims to the device, the
appeal also presents claims to a method for detecting the
breakthrough by a contaminant of protective clothing or
equipment which, in effect, provide for the use of the pad
which is removably mounted between the user and the protective
clothing or equipment. See appealed claims 18 through 22.
As evidence of obviousness of the claimed invention, the
examiner relies on Cukier, which, as the examiner correctly
states, discloses apparel (clothing such as gloves or masks2
or condoms) made up of a composite material having layers of
impervious material and a layer which will detect the presence
of a bodily fluid. As emphasized by appellant in his brief,
however, the claims on appeal define a device which is
“distinct from” the clothing worn by the user and we agree
that the preambular claim language serves to distinguish the
claimed invention from Cukier's apparel.
Even if it is argued that the composite material (i.e.,
the material ultimately used to form the apparel) disclosed by
Cukier may be characterized as a “device” comprising a
See Cukier at column 4, lines 48-52 and column 6, lines 5 and 6.2
4
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