Ex parte JUNIMAN - Page 2




                Appeal No. 96-3446                                                                                                        
                Application 08/327,147                                                                                                    


                        6.  A tubular seamless stocking knitted on a circular knitting machine with reciprocating                         
                cylinders, said stocking comprising a main tubular portion, a toe pocket portion attached to one end of                   
                the main tubular portion, and a foot opening collar comprising a tubular collar attached to the border of                 
                the main tubular portion and to the edge of the toe pocket portion, wherein said foot opening collar is                   
                adapted to provide an opening having sufficient size and stretchability to permit the entire foot of the                  
                wearer to pass through the opening thereby allowing the wearer to wear the stocking alternatively in a                    
                footed or footless manner.                                                                                                

                        The prior art applied in the final rejection is:                                                                  

                Bounous et al. (Bounous)                        3,905,212                        Sept. 16, 1975                           
                Bédier                                          4,445,345                        May    1, 1984                           
                Wormser                                         5,067,179                        Nov. 26, 1991                            

                The admitted prior art in the declarations under  37 CFR § 1.132 of Leslie Roy Score and Delphine                         
                Del Bello Spencer, filed on August 16, 1993 in parent application 08/106,807, of which the instant                        
                application is a file wrapper continuation under  37 CFR § 1.62 (APA).                                                    

                        The appealed claims stand finally rejected on the following grounds:                                              

                (1) Claims 1 and 6, anticipated by Bounous, under 35 U.S.C. § 102(b);                                                     

                (2) Claims 1, 3 and 6, unpatentable over Bounous, under 35 U.S.C. §  103;                                                 

                (3) Claims 2, 4 and 7, unpatentable over Bounous in view of Bédier, under 35  U.S.C. § 103;                               

                (4) Claims 5 and 8, unpatentable over Bounous in view of Bédier and Wormser, under 35 U.S.C.  §                           

                103;                                                                                                                      

                (5) Claims 1 to 8, unpatentable over the APA in view of Bounous, under 35 U.S.C.  § 103.                                  

                Rejection (1)                                                                                                             

                        "To anticipate a claim, a prior art reference must disclose every limitation of the claimed                       


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