Ex parte CAREY et al. - Page 3




          Appeal No. 1999-2537                                       Page 3           
          Application No. 08/619,269                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to an article of                     
          clothing to be worn about the head (specification, p. 1).  A                
          substantially correct copy of the claims under appeal is set                
          forth in the appendix to the appellants' brief.  An                         
          understanding of the invention can be derived from a reading                
          of exemplary claim 22 which is reproduced below.                            
                    22. An article of clothing to be worn on the head of              
               a user and adapted for use with sport goggles which have               
               a height and width, said article of clothing comprising:               
                    a mask member formed of a first material that is                  
               insulative and wind-resistant, said mask member being                  
               sized to snugly cover a portion of the face of a user and              
               said mask member having a middle edge for positioning                  
               above the mouth and below the nose of a user, a perimeter              
               which includes an upper edge for positioning under the                 
               eyes of a user and a lower edge for positioning below the              
               mouth of a user;                                                       
                    a head member formed of a second material different               
               from said first material, said second material being                   
               closely woven and elastically deformable, said head                    
               member being sized to substantially enclose the head of a              
               user and fixedly connected to said mask member along at                
               least a portion of said perimeter of said mask member                  
               excluding said upper edge, said head member and said mask              
               member together being sized to completely surround the                 
               head of a user, and said head member having a head edge                
               for positioning above the eyes of a user;                              
                    an eye opening formed to register with the eyes of a              
               user, said eye opening being defined by said head edge                 
               spaced from said upper edge of said mask member a height               
               less than the height of protective sport goggles; and                  
                    a scarf portion unitarily formed to be an extension               
               of said head member for extending downwardly from said                 







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