Ex parte HOLMES - Page 3




          Appeal No. 1997-2770                                                        
          Application No. 08/329,994                                                  


               Claims 1 through 19 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Richter.                                         
               Reference is made to the Examiner's Answer (Paper No. 9,               
          mailed September 16, 1996) for the examiner's complete                      
          reasoning in support of the rejection, and to appellant's                   
          Brief (Paper No. 8, filed August 22, 1996) and Reply Brief                  
          (Paper No. 10, filed November 18, 1996) for appellant's                     
          arguments thereagainst.                                                     
                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art reference, and the respective positions articulated               
          by appellant and the examiner.  As a consequence of our                     
          review, we will reverse the obviousness rejection of claims 1               
          through 19.                                                                 
               Each of the independent claims, claims 1, 4, 7, 12, and                
          15, recites a wrist encircling means.  The examiner asserts                 
          (Answer, page 3) that Richter's element 3 meets this                        
          limitation.  However, as pointed out by appellant (Brief,                   
          pages 9-10), element 3 is a lower arm member, and does not                  
          encircle the wrist.  As shown in Richter's Figure 1, element 3              
          ends above the wrist and is attached to the glove portion of                
                                          3                                           





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