Appeal No. 98-0494
Application No. 07/954,056
The continuous surface between the toe and the
waistband of the garment, except for the line portion in
the crotch area, results in an uninterrupted outer edge
(see Figures 9, 10 and 13 as well as the figures wherein
the article of the design takes the shape of a mannequin,
Figures 11, 12, 1). Additionally, there is an
uninterrupted, continuous inner edge from the toe line
portion to the crotch line portion. . . .
Two alternate embodiments are proposed, according to
the invention, namely one wherein the leg portion is
substantially tubular and of substantially constant
dimension (in unstretched state; see for example, Figure
9) as well as the embodiment of Figure 10, wherein a line
as can be seen in Figure 6 is provided. As can be seen in
Figure 10, the second embodiment provides a taper in the
leg region of the article whereas the embodiment of Figure
9 has tubular leg regions. The thigh portion of the
garment is wider than calf portion of the garment. This
allows a person with larger thighs to wear the garment
without unduly stretching the garment. In the embodiment
of Figure 10 (also Figure 6), an additional widening
stitch or line is provided to allow for the change in
dimension (without stretching of the garment[)].
Appellant argues that Harris, either alone or in combination
with Fillmore, fails to teach or suggest a pantyhose article having
an uninterrupted, continuous appearance as claimed (Brief, pp.4 and
11). More specifically, appellant argues that the combination of
Harris and Fillmore fails to teach or suggest the overall appearance
of the claimed pantyhose article both in its stretched state as
illustrated in Figures 1, 11 and 12 and its unstretched state as
illustrated in Figures 9 and 10 (Brief, pp.5, 7-8 and 10-11).
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