Page 6
Appeal No. 2001-1368
Application No. 09/130,904
means.
As indicated above, claim 1 recites a carpal tunnel
protector comprising, inter alia,
a single cushion secured only to the inner surface
of the front leaf of the sleeve, the cushion
including a single substantially rectangular member
having a cover defining a single interior space with
cushion material in the space, and filling the space
and engaging the hand throughout the space, the
cushion being so secured to the sleeve by stitching
the cover only around its edges to the sleeve, and
the cushion, as defined by its interior space, is so
dimensioned as to completely cover the carpal tunnel
both longitudinally and transversely, and the
cushion material also extending rearwardly and
covering a portion of the wrist.
In applying Eberbach against claim 1, the examiner has
determined (see pages 4 through 6 in the answer) that the
foregoing claim limitations find response in the combination
of the pocket means shown in Eberbach’s Figures 1 and 2 and
the one-piece load-bearing means shown in Eberbach’s Figure
13. Even if it is assumed for the sake of argument, however,
that the artisan would have found it obvious to somehow
combine these features, the examiner’s position that the
resulting structure would meet all of the cushion limitations
in claim 1 is ill founded. Due to the U-shaped cross-section
of Eberbach’s load-bearing member (see Figure 13), no
combination of same with the pocket means 84 would result in
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