Appeal No. 1999-2537 Page 4
Application No. 08/619,269
head member to be positionable around and proximate the
neck of a user, said scarf portion being fixedly
connected to said mask member along a portion of said
perimeter of said mask member excluding said upper edge.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Ensten 2,039,478 May 5,
1936
Reisen 3,725,956 Apr. 10,
1973
Carey et al. 5,214,804 June 1,
1993
(Carey)
Claims 4, 5, 7, 9, 11, 12, 15 to 18, 22, 23 and 25 to 27
stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and
distinctly claim the subject matter which the appellants
regard as the invention.
Claims 4, 5, 7, 9, 11, 12, 15 to 18, 22, 23 and 25 to 27
stand rejected under 35 U.S.C. § 103 as being unpatentable
over Carey in view of Ensten and Reisen.
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