Appeal No. 2002-2319 Page 2
Application No. 09/129,197
BACKGROUND
The appellant’s invention relates to slings for optionally supporting a person’s left
or right arm (specification, page 1). Further understanding of the invention may be
obtained from a reading of independent claims 10 and 19, which are reproduced below
in the opinion section of this decision.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Blatt 4,232,664 Nov. 11, 1980
Ackley 4,510,928 Apr. 16, 1985
Christensen 4,622,961 Nov. 18, 1986
The following rejections are before us for review.1
Claim 19 stands rejected under 35 U.S.C. § 101 as being directed to non-
statutory subject matter.
Claim 19 stands rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
appellant regards as the invention.
Claims 10, 11 and 19 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Ackley.
1 The rejection of claims 10, 11 and 19 as being unpatentable over Blatt in view of Burkhead set
forth in the final rejection (Paper No. 17) has been withdrawn (see page 3 of the answer - Paper No. 21).
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