Appeal No. 2005-2470
Application No. 10/115,068
orthopedic support for the arm and elbow of an individual, we
fully concur with the examiner that Lerman describes a sleeve
comprising the claimed structure within the meaning of § 102. In
particular, Lerman describes a slip-on sleeve that is open at
opposite ends comprising inner and outer linings, with a cushion
insert between the linings. Lerman specifically describes the
linings as being made of a soft, porous knitted fabric which
meets the claim requirement for the sleeve being of a soft
fabrication. Also, we agree with the examiner that Lerman's
description of base layer 28 as a perforated, closed cell
material of neoprene rubber meets the claim 1 requirement for a
cushion insert of a soft fabrication. The remaining recitations
in claim 1 are either statements of intended use which do not
further define the structure of the claimed sleeve, or are
statements of functions that can be performed by the sleeve of
Lerman.
For instance, the claim 1 recitation "[a] breast and bottle
feeding infant head support" is a statement of intended use for
the claimed sleeve that does not serve to distinguish the claimed
structure of the sleeve from the sleeve described by Lerman.
Manifestly, Lerman's sleeve is capable of supporting the head of
an infant during breast or bottle feeding. As for the recitation
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