Appeal No. 1997-1022 Page 9
Application No. 08/368,359
Accordingly, we remand this application for the examiner
to determine if claim 1 would be anticipated by a suitably
sized piece of sheep skin that is capable of being used as a
pants insert in the manner set forth in claim 1 and if so, to
find suitable prior art to base such a rejection. 4
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 9 under 35 U.S.C. § 103 is reversed. In
addition, we have remanded this application to the examiner
for further consideration.
4If the examiner rejects claim 1 as being anticipated by
a suitably sized piece of sheep skin, the examiner should also
consider the patentability of dependent claims 2 through 6
also drawn to the pants insert, per se. (Claims 7 through 9
are drawn to the combination of the pants insert and a pair of
pants.)
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