Ex parte ESTWANIK - Page 5




                 Appeal No. 98-1242                                                                                       Page 5                        
                 Application No. 08/498,884                                                                                                             


                 from a position adjacent the joints.  We point out here that                                                                           
                 while this strap is not “adjacent” the joints in the sense of                                                                          
                 extending laterally from a position aligned with the joints, as                                                                        
                 is disclosed by the appellant, it nevertheless is “adjacent”                                                                           
                 the joints in that it lies near and is not distant from the                                                                            
                 joints,  which is all that is required by the claim.  Finally,2                                                                                                                         
                 Ballard discloses means for fastening the strap (2) at the                                                                             
                 wrist portion when the hand is formed into a fist, which strap                                                                         
                 is capable of isolating wrist movement and maintaining the                                                                             
                 user’s hand in a fisted condition.  Given that the Ballard                                                                             
                 strap is 85 inches long (column 1, line 53), it is capable of                                                                          
                 performing the claimed function if it were wrapped about the                                                                           
                 clenched fist and then anchored to the pad (unnumbered) on the                                                                         
                 wrist portion of the glove, even though such a use is not                                                                              
                 taught by the patentee.                                                                                                                
                          The requirements for a second strap as recited in claim 2                                                                     
                 are met by strap 10 of Ballard, which extends laterally away                                                                           
                 from the body portion oppositely of the first strap and is                                                                             
                 fastenable to the wrist portion oppositely of the first strap.                                                                         

                          2See, for example, Merriam Webster’s Collegiate                                                                               
                 Dictionary, Tenth Edition, 1996, page 14.                                                                                              







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