Appeal No. 1997-1022 Page 7
Application No. 08/368,359
procedural design," (3) Mann discloses "an insert constructed
of fleece type wool and contacting the wearer's skin," and (4)
it would have been obvious to one of ordinary skill in the art
to modify the insert of Oram "to be constructed of fleece type
wool in order to construct a comfortable to the touch impact
absorbing pad."
The appellant argues (brief, pp. 4-5) that "the examiner
is combining the references based not upon what they teach,
but rather upon Applicant's teaching." We agree.
All the claims under appeal require the pants insert to
be "formed of fleeced sheep skin." However, this limitation
is not suggested by the prior art as applied by the examiner.
In that regard, while Mann does teach a mammary prothesis
including a piece of tanned sheepskin the forms the backing
piece of the prothesis wherein the wool face of the sheepskin
lies against the skin of the wearer, it is our opinion that
such teaching would have been insufficient to have motivated
an artisan to have modified Oram's pants insert in the manner
proposed by the examiner.
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