Ex Parte COURTNEY et al - Page 2



                    Appeal No. 2001-2543                                                                                                                                  
                    Application No. 09/225,892                                                                                                                            

                    Appellants' invention relates to a counterweight assembly,                                                                                            
                    best seen in Figures 28 through 31 and 37 through 41, comprising                                                                                      
                    one or more weight members (460 or 780) and means for attaching                                                                                       
                    the one or more weight members to a breathing gas cylinder (301)                                                                                      
                    worn by a diver.  The counterweight assembly is specifically used                                                                                     
                    to provide an enhanced heads up surface positioning of the diver                                                                                      
                    in emergency situations and is attached to the cylinder (301) at                                                                                      
                    a position where the diver/user cannot remove the one or more                                                                                         
                    weight members while the cylinder is attached to the diver/user                                                                                       
                    and where the weight member or members can rotate the diver to                                                                                        
                    ensure heads up surface positioning if the diver becomes                                                                                              
                    incapacitated.  The heads up surface positioning, shown generally                                                                                     
                    in Figures 12 and 43 of the application drawings, provides a way                                                                                      
                    of keeping the diver/user's airway out of the water when the                                                                                          
                    diver is unable to.  In the embodiment of Figures 28 through 31                                                                                       
                    the means for attaching includes a pouch member (430) having                                                                                          
                    pockets (432) for receiving the weight member or members therein                                                                                      
                    and a tank strap (420) to which the pouch member is either                                                                                            
                    removably or permanently attached.  The pouch member (430)                                                                                            
                    includes a flap member (440) for covering the pockets and                                                                                             
                    preventing inadvertent loss of the weight member or members                                                                                           
                    stored therein.  In Figures 37 through 39 the means for attaching                                                                                     
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