Ex parte KAPLAN - Page 5



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                     Appeal No. 2001-1368                                                                                                                                              
                     Application No. 09/130,904                                                                                                                                        


                     rather than by appeal to this Board.   See In re Hengehold,                   1                                                                                   
                     440 F.2d 1395, 1403-1404, 169 USPQ 473, 479 (CCPA 1971).                                                                                                          
                     Accordingly, we shall not review or further address this                                                                                                          
                     matter.                                                                                                                                                           
                     II. The merits of the examiner’s rejection                                                                                                                        
                                Eberbach, the examiner’s primary reference, discloses a                                                                                                
                     glove designed to prevent and relieve the symptoms of carpal                                                                                                      
                     tunnel syndrome.  To this end, the glove includes a pair of                                                                                                       
                     anatomically linear, laterally spaced, resilient, load-bearing                                                                                                    
                     members positioned to lie on either side of the median nerve                                                                                                      
                     to prevent the direct application of pressure thereto.  In the                                                                                                    
                     embodiment shown in Figures 1 and 2, the load-bearing members                                                                                                     
                     14 and 15 are attached to the inner surface of the front of                                                                                                       
                     the glove by pocket means 84 consisting of one or more pieces                                                                                                     
                     of fabric stitched to the glove (see column 6, line 59,                                                                                                           
                     through column 7, line 5).  Also of interest is the embodiment                                                                                                    
                     shown in Figure 13 wherein the load-bearing members, which are                                                                                                    
                     joined by a transverse support member 118, are connected to                                                                                                       
                     the outer surface of the front of the glove absent a pocket                                                                                                       


                                1 The record shows that the appellant filed such a                                                                                                     
                     petition and received a decision thereon prior to taking this                                                                                                     
                     appeal (see Paper No. 13).                                                                                                                                        





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