Appeal No. 97-3824
Application 29/042,728
A. The claim
The claims reads: "The ornamental design for a back
support belt, as shown and described."
B. The references and ground of rejection
The rejection is based on the following references:
Yewer, Jr. (Yewer) 5,036,864 Aug. 6, 1991
Schiek, Sr. (Schiek) 5,316,022 2 May 31, 1994
Glover et al. (Glover) 5,388,274 Feb. 14, 1995
The claim stands rejected under § 103 for unpatentability
over Yewer in view of Schiek and Glover.
C. The merits of the rejection
The first issue raised by appellant is whether Yewer
constitutes a "Rosen" reference. As explained in In re
Borden, 90 F.3d 1570, 1574, 39 USPQ2d 1524, 1526 (Fed. Cir.
1996),
2The reply brief explains (at 2) that the substitute
opening brief (paper No. 9), in discussing this Schiek patent,
erroneously identified it as Schiek Patent No. 5,046,488,
which is also of record in the application file.
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