Ex parte HOLMES - Page 4




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


          the device at joint 47, which is approximately at the location              
          of the wrist.  Accordingly, Richter lacks the claimed wrist                 
          encircling means.                                                           
               In addition, the examiner states (Answer, page 3) that                 
          "[o]bviously, 3 could be secured to 5 by straps."  It appears               
          that the examiner meant member 6 rather than operator 5, since              
          the claims call for a connection between the wrist and palm                 
          encircling means, which the examiner equates with elements 3                
          and 6, respectively.  In either case, the standard for                      
          obviousness is not what could have been done, but rather what               
          would have been obvious to the skilled artisan.  The examiner               
          has failed to provide any evidence of or convincing line of                 
          reasoning for the obviousness of using straps instead of a                  
          knuckle joint.                                                              
               Each independent claim also recites a generally resilient              
          rib member which is generally coextensive with a finger.  The               
          examiner contends (Answer, page 3) that the cables of Richter               
          "can be considered rib members."  As argued by appellant                    
          (Brief, page 13), though, the ‘relatively stiff cable lines’                
          are neither generally resilient ribs nor coextensive with the               


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