Appeal No. 2004-0367
Application No. 09/733,359
articulated by appellant and the examiner. As a consequence of
our review, we have made the determinations which follow.
In maintaining the rejection of claims 1 through 4 and 9
under 35 U.S.C. § 102(b) as being anticipated by Varn, the
examiner has urged that the volar design, rigid splint member of
Varn comprises an elongated stiff splint element (e.g., col. 2,
lines 10-11) having an arcuate lateral cross section (Figs. 2-3),
first and second straps (34, 36), a finger strap (38) and a space
for the thumb, means for detachably securing the finger strap to
the lower end of the splint element, and a resilient liner pad
(30) mounted on the splint element. On page 4 of the answer, the
examiner has indicated that
the Examiner interpreted Varn as disclosing an orthosis
that engages a major portion of the dorsal outer
surfaces of the lower forearm, the wrist, and the hand
of the wearer, by the upper end, the center portion,
and the lower end of the splint element (fig. 2). The
device may be interpreted as engaging a major portion
of the outer surface of the lower forearm depending on
which surface is being interpreted as the outer
surface. If one were to turn the lower forearm in an
opposing direction, then the device could be
interpreted as engaging the dorsal outer surface of the
lower forearm when in use.
We have reviewed the applied Varn patent and, like
appellant, find that Varn does not disclose, teach or suggest a
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