Ex Parte Miller - Page 2



          Appeal No. 2005-0878                                                        
          Application No. 09/911,620                                                  

               1.  A breast prosthesis and bust cup system adapted to be              
          worn by a wearer comprising:                                                
               a breast prosthesis having a front surface and a rear                  
          surface, said rear surface being positionable adjacent to a                 
          wearer's body;                                                              
               front hook material positioned on said front surface; rear             
          hook material positioned on said rear surface;                              
               a bust cup including loop material engagable with said hook            
          material, wherein said breast prosthesis is receivable in said              
          bust cup; and                                                               
               a comfort pad attached to said rear surface through said               
          rear hook material.                                                         
               19.  A breast prosthesis adapted for use by a wearer                   
          comprising:                                                                 
               a prosthesis having front surface and a rear surface, said             
          rear surface being positionable adjacent to a wearer’s body and             
          having a first shape;                                                       
               a comfort pad having a second shape generally congruent to             
          said first shape; and hook and loop means for removably attaching           
          said comfort pad to said rear surface.                                      
               The examiner relies upon the following references as                   
          evidence of unpatentability:                                                
          Brickman                        3,161,200          Dec. 15, 1964            
          Eberl et al. (Eberl)            4,681,587          Jul. 21, 1987            
               Claims 19-20 stand rejected under 35 U.S.C. § 102(b) as                
          anticipated by Eberl (Answer, page 3).  Claims 1-5, 7-8, 10-17,             
          and 21-22 stand rejected under 35 U.S.C. § 103(a) as unpatentable           
          over Brickman in view of Eberl (id.).1  We affirm the rejection             
               1                                                                      
               1We note that claim 18 is a pending claim on appeal (e.g.,             
          see the Brief, page 3, ¶ III; Answer, page 2, ¶(3)) but has not             
          been included in any rejection (Answer, page 3, ¶(10)).  Since              
                                                                   (continued...)     
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