Appeal No. 2006-1562
Application No. 10/720,948
18. A method for training an individual playing a sport,
said method comprising the steps of:
providing at least one member having an adhesive
coating or layer and a thickness sufficient to interfere
with said individual’s field of vision; and
positioning said at least one member on at least one
cheek under an eye of said individual so that said
thickness interferes with the individual’s ability to look
downwardly at a sports object being controlled by the
individual and to restrict said individual’s field of
vision to looking forward up and towards a field of play
and at least one person on said field of play.
The references set forth below are relied upon by the
Examiner as evidence of anticipation or obviousness:1
Maged WO 96/32979 Oct. 24, 1996
Micchia et al. (Micchia) 4,719,909 Jan. 19, 1988
Morgan et al. (Morgan) 4,951,658 Aug. 28, 1990
The following reference is cited by the Board and is
discussed in the remand below for consideration by the Examiner:
Arnold et al. (Arnold) 6,320,094 Nov. 20, 2001
Claims 1-2 are rejected under 35 U.S.C. § 102(b) as being
unpatentable over Maged.
1 The Examiner has referred to U.S. Patent 5,939,142 to Comiskey
et al. in the Response to Arguments section of her answer. We
have not considered this reference because it was not included
in a statement of rejection. See In re Hoch, 428 F.2d 1341,
1342 n.3, 166 USPQ 406, 407 n.3 (C.C.P.A. 1970) and Manual of
Patent Examining Procedure (MPEP) § 1207.03 (Rev. 3, August
2005).
3
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