Ex parte KAPLAN - Page 1



            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                                                            Paper No. 22              

                    UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                     __________                                       

                       BEFORE THE BOARD OF PATENT APPEALS                             
                                 AND INTERFERENCES                                    
                                     __________                                       
                              Ex parte HYMAN I. KAPLAN                                
                                     ___________                                      
                                Appeal No. 2001-1368                                  
                             Application No. 09/130,904                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       
          Before McCANDLISH, Senior Administrative Patent Judge,                      
          FRANKFORT and McQUADE, Administrative Patent Judges.                        
          McQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Hyman I. Kaplan appeals from the final rejection of claim              
          1, the sole claim pending in the application.                               
                                    THE INVENTION                                     
               The invention relates to “a protector for preventing the               
          occurrence of carpal tunnel syndrome” (specification, page 1).              
          Claim 1 reads as follows:                                                   
               1.   A carpal tunnel protector for use on a person’s                   
                    hand, comprising,                                                 
                    a tubular sleeve having a longitudinal direction and              
               a transverse direction, and                                            





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