Ex parte CONOLLY et al. - Page 3




          Appeal No. 1998-1329                                                        
          Application 08/642,595                                                      


               1.   A sanitary cover for a telephone mouthpiece or                    
          earpiece, the cover comprising:                                             

               a central portion;                                                     
               a skirt portion extending from the central portion; and                
               at least one projection formed on the skirt portion and                
          adapted to engage in a groove formed in a telephone handset;                
               wherein said central portion and said skirt portion                    
          include a first layer and a second layer having different                   
          lengths, said first layer and said second layer are disposed                
          on top of each other such that said first layer is connected                
          to said second                                                              
          layer along an entire length of said second layer to form an                
          uneven tension between said first and second layers.                        

               The Examiner relies on the following prior art:                        
          Barriere                      3,663,259                May  16,             
          1972                                                                        
          Thompson                      4,486,628                Dec. 04,             
          1984                                                                        
          Lo et al. (Lo)                     5,054,063                Oct.            
          01, 1991                                                                    


               Claims 1, 2, 4-10, and 21 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Lo in view of Barriere and                 


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