Ex parte ESTWANIK - Page 4




          Appeal No. 98-1242                                         Page 4           
          Application No. 08/498,884                                                  


          1026 (1984).  Furthermore, it is only necessary that the                    
          reference include structure capable of performing the recited               
          function in order to meet the functional limitations of the                 
          claim.  See In re Mott, 557 F.2d 266, 269, 194 USPQ 305, 307                
          (CCPA 1977).                                                                
               The appellant’s invention is a hand and wrist                          
          stabilization device for use by a boxer to protect the hands                
          while clenched    into fists.  It is the examiner’s position                
          that all of the subject matter recited in independent claim 1               
          and claims 2-4 and 7, which depend therefrom, is anticipated by             
          Ballard.  We agree.                                                         
               Using the language of claim 1 as a guide, Ballard                      
          discloses a hand and wrist stabilization device (column 1, line             
          44 et seq.) comprising a body formed of flexible material for               
          disposition over at least a portion of the hand and the wrist               
          and including a hand portion and a wrist portion (Figure 1).  A             
          force dispersion pad (3) is mounted to the body portion and                 
          extends transversely across the metacarpophalangeal joints,                 
          functioning to disperse impact force to these joints (column 1,             
          lines 46-50).  A strap (5) extends laterally away from the pad              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007