Appeal No. 99-1028
Application 29/067,859
receiving a hand (see O'Connell, page 1, right-hand column,
lines 15-45). O'Connell also states that
the back 6 is cut for a so called one fingered mitten
which has a finger 9 for the index finger of the hand and
a cover 11 for the remaining fingers of the hand (page 1,
left hand column, lines 34-37).
Appellant's mitten design includes a front piece and a
back piece secured together along side and top edges to form a
pocket. At the very least, these basic characteristics of
appellant's design are not shown in O'Connell's Figure 1. In
addition, the U-shaped gap between the thumb and four-finger
pockets and the symmetrical flare in the lower portion of the
mitten are absent
in O'Connell's Figure 1. Accordingly, we do not view
O'Connell's Figure 1 as a proper Rosen reference and we shall
not sustain the standing 35 U.S.C. § 103 rejection of the
appealed claim.
The decision of the examiner is reversed.
REVERSED
6
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