Appeal No. 1999-2537 Page 12
Application No. 08/619,269
portion fits over the top 79 of the mask member 12 and more
specifically over an upper edge 16 of the mask member.
Ensten discloses a knitted article of headwear which
covers the head, neck and lower portion of the face of the
face, leaving the eyes and nose of the user exposed as shown
in Figure 1. The headwear includes a crown or skull covering
portion 1 and lower portion 2 which constitutes a neck piece
and face-cover portion.
In applying the above-noted test for obviousness, we
reach the conclusion that it would have been obvious at the
time the invention was made to a person having ordinary skill
in the art to extend the scarf member of Carey to cover the
crown or skull of the user as suggested by the headwear of
Ensten for the self-evident advantages thereof (e.g., no need
for a separate cap).4
4We regard the examiner's application of the teachings of
Reisen to be mere surplusage since Carey's scarf member is
made of closely woven and elastically deformable material
(i.e., a fleece-like material such as POLAR TEC™).
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