Ex Parte Varn - Page 8




                    Appeal No. 2004-0367                                                                                                                                  
                    Application No. 09/733,359                                                                                                                            


                    splint element (12) of Varn were formed of a heat moldable                                                                                            
                    thermoplastic material as suggested in Cherubini, the result of                                                                                       
                    any such combinations would not be a dorsal carpal tunnel splint                                                                                      
                    of the type claimed by appellant.                                                                                                                     


                    Since we have refused to sustain any of the rejections                                                                                                
                    posited by the examiner, the decision of the examiner rejecting                                                                                       
                    claims 1 through 4 and 6 through 11 of the present application is                                                                                     
                    reversed.                                                                                                                                             


                                                                             REVERSED                                                                                     



                                                  NEAL E. ABRAMS                                             )                                                            
                                                  Administrative Patent Judge                                )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  CHARLES E. FRANKFORT                                       )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                  JOHN P. MCQUADE                                            )                                                            
                                                  Administrative Patent Judge                                )                                                            

                    CEF/lbg                                                                                                                                               

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