Appeal No. 99-0031
Application 08/639,737
attachment only to the adjustment strap at the rear of a
baseball type cap."
Nieves-Rivera does not disclose a baseball type cap,
but rather discloses an attachment to the liner 32 of a helmet
36. This does not necessarily remove Nieves-Rivera as an
anticipatory reference however, for it may still anticipate
claim 1 if the structure disclosed would inherently be capable
of performing the functions claimed. In re Schreiber, supra;
In re Casey, 370 F.2d 576, 580, 152 USPQ 235, 238 (CCPA 1967).
As for the specific limitations recited in claim 1,
we agree with the examiner that Nieves-Rivera discloses the
recited "securement means," since the securing devices 12, 14,
16 of the reference would be inherently capable of being
secured to the
rear adjustment strap of a baseball type cap if they were
pushed
together, the claim language not excluding such an arrange-
ment. Also, Nieves-Rivera discloses a connector portion and a
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