Appeal No. 98-2149 Page 2
Application No. 08/651,991
David P. McCrane (the appellant) appeals from the final
rejection of claims 1-18, the only claims present in the
application.
We REVERSE.
The appellant's invention pertains to a protective device
for use in active sports of the type having a cushioning pad
with a replaceable wear cap and to a method of unfastening the
wear cap from the cushioning pad. Independent claims 1 and 17
are further illustrative of the appealed subject matter and
copies thereof may be found in the appendix to the brief.
The reference relied on by the examiner is:
Robinson 4,599,747 Jul. 15,
1986
Claims 1-8 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Robinson. The examiner notes that Robinson
teaches the attachment of a replaceable wear cap 40 to a
cushioning pad 38 by means of hook and loop-type fasteners.
Thereafter, the examiner concludes that:
The placement of the fasteners in any pattern or
direction could readily be determined through routine
experimentation based on the direction of applied
forces and magnitude of adhesion desired. Note that
it has been held that rearranging parts of an
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