Appeal No. 2000-2223
Application No. 09/040,271
Looking at the prior art references applied against the
appealed claims, the Loscher reference, in pertinent part, is
directed to a reversible jacket “constructed with an outer fabric
and a different inner fabric which may be of a color to harmonize
or contrast with the color of the outer fabric” (column 3, lines
50-53). In addition, the outer fabric may have a different texture
that the inner fabric (column 5, lines 10-18). The colors or
patterns of the surfaces of Loscher’s jacket are not disclosed as
being affiliated with sports teams or sports players of any sort,
much less different sports teams or sports players. The Eastbay
Catalog reference discloses in the lower right hand corner a
reversible jacket for displaying a sports team affiliation, with
one surface displaying “home” colors and the other surface
displaying “away” colors; however, the team affiliations on the
inner and outer surfaces are for the same sports team. The
examiner has not adequately explained, and it is not apparent to
us, where the cited references teach providing visible indicia
identifying different teams or different players on the inner and
outer surfaces of the same reversible jacket. In addition, it is
not apparent to us how the examiner’s taking of Official Notice
“that it is well known that teams and players have specific team
colors which represent a sports team/players” (answer, page 4)
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