Appeal No. 2005-0538
Application No. 09/815,030
However, the term “absorbent member” is not so limited. That
is, this term can refer to an object having multiple pieces, of
which at least one piece is made of absorbent material. For
example, it is possible that an absorbent member can be as shown
in Figure 1 of Floyd, wherein there is a lower flexible strap 12
having thereon an absorbent material 14 (hence, the absorbent
member comprises one part being absorbent that is attached to
another part, the flexible strap 12, wherein the two parts
together are the absorbent member). Appellant’s claim 1 does
not recite that the absorbent member is only one piece and that
one piece is made of absorbent material or that the absorbent
member is multiple pieces, wherein each piece is entirely made
of absorbent material.
In the reply brief, appellant argues that there is no
disclosure that the straps 142 are made of a cloth material
(appellant argues this in response to the examiner’s argument
that these straps are made of some sort of cloth material and
therefore these straps are absorbent; answer, pages 3-4). On
page 2 of the reply brief, appellant argues that it is much more
likely that the straps 142 are made of the same material as the
flexible body member 12, which is expressly disclosed in Floyd
as being “non-absorbent, non-porous”, and refers to col. 2,
lines 57-60 of Floyd.
Upon our review of this disclosure, we find that Floyd
discloses the following:
Because scent masking substances typically have a
pungent odor, flexible body member 12 is preferably
constructed of a non-absorbent, non-porous material
for preventing a scented substance applied to scent
dispersal member 14 from passing through flexible
strap 12. This prevents the scent substance from
contacting the clothing and boots worn by the hunter
upon attachment of strap 12 to the hunter.
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