Appeal No. 1997-4353
Application No. 08/390,102
extending laterally substantially less than the lateral
dimension of said central portion;
said protector including an adhesive on each of said
central portion, said mouthpiece portion and said earpiece
portion of said protector.
The examiner relies on the following references:
O’Connor 4,751,731 Jun. 14,
1988
Dale et al. (Dale) 5,012,513 Apr. 30,
1991
Claims 1 through 5 and 8 through 11 stand rejected under
35 U.S.C. § 103 as unpatentable over O’Connor in view of Dale.
Reference is made to the briefs and answers for the
respective positions of appellant and the examiner.
OPINION
We reverse.
The examiner contends that O’Connor discloses the claimed
subject matter but for the mouthpiece and earpiece portions of
the protector extending from the rear of the handset and the
central portion of the protector encircling the handset handle
and having an adhesive. The examiner then relies on Dale for
providing such features and concludes that it would have been
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