Ex parte ESTWANIK - Page 8




          Appeal No. 98-1242                                         Page 8           
          Application No. 08/498,884                                                  


          355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966) and In re                  
          Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)).                   
               The first rejection under this section of the statute is               
          that claims 5, 6 and 10 are unpatentable over the combined                  
          teachings of Ballard and Travers.  Claim 5 adds to claim 1 the              
          requirement that there be a stabilization member mounted on the             
          hand portion of the glove “at a position oppositely disposed                
          from said force dispersion pad with the user’s hand disposed                
          therebetween,” that is, a second pad on the palm portion of the             
          glove.                                                                      
               Ballard has been described above, and it does not disclose             
          or teach such a structure.  In fact, according to Ballard, the              
          palm should be “free from padding and unrestricted” (column 2,              
          line 8).  Travers teaches providing a boxer’s hand protector                
          glove with a pad (17) around which the hand is closed.                      
          However, we agree with the appellant that it would not have                 
          been obvious to add such a pad to the Ballard glove, in view of             
          Ballard’s explicit teaching that the palm should be free from               
          just such an element, which would have been a disincentive for              
          one of ordinary skill in the art to have made such a                        








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