Appeal No. 99-0031
Application 08/639,737
The structure of Nieves-Rivera's shield
as disclosed in the drawings and described
in the specification is a large billowy
device generally incapable of being stuffed
inside of a baseball cap and then worn as
such. Even a larger size cap would not
accommodate the shield of Nieves-Rivera and
still be wearable on the head of a user.
Accordingly, since Nieves-Rivera does not disclose
all the limitations of claim 1, the rejection of that claim
under § 102(e), as well as of claims 2 and 4 grouped there-
with, will not be sustained.
Conclusion
The examiner's decision to reject claims 1, 2 and 4
is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
)
) BOARD OF
PATENT
IRWIN CHARLES COHEN ) APPEALS AND
Administrative Patent Judge ) INTERFER-
ENCES
)
)
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