Appeal No. 2003-1144
Application 09/212,343
In maintaining the rejection of claims 9 through 11 and 13
under 35 U.S.C. § 102(b) as being anticipated by Helt, the
examiner has urged that the flotation device (10) therein for use
in water recreation comprises a unitary piece of material adapted
for floating and has a buoyance for supporting a user in a
generally upright or seated position in a body of water; the
device including two opposed end portions (12, 14) having opposed
sides, with the end portions having sufficient length to envelope
a trunk of a user, and a narrowed central portion (20) connecting
the two end portions and dimensioned to fit between the upper leg
portions of a user, wherein in use the user places the narrow
central portion between the legs, causing the end portions to be
buoyed upward and over the chest and back of the user, the end
portions freely extending and unjoined along the sides (Fig. 2),
enveloping the trunk of the user and thereby supporting the user
in an upright position suitable for performing an exercise
(answer, page 4).
We have reviewed the applied Helt patent and, like
appellant, find that Helt does not disclose, teach or suggest a
flotation device wherein the two opposed end portions are of a
length sufficient to “envelope a trunk of a user,” and which in
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