Appeal 2006-2347
Application 10/245,350
not meet the limitations of claims 1, 11, and 17, which require the cloth to cover or
encircle the legs of a person.
Second, the appellant argues that Branch does not have an elastic side band
(or bands) as required by claims 1, 11, and 17. The appellant argues that Branch’s
elastic outer layer (5) does not hold the cloth portion snug about the person’s
pelvic region or leg portions; it merely holds the cloth portions skin tight. Brief, p.
5. The appellant further explains that Branch does not employ side bands to
perform the functions called for by the claims, i.e., “for tensioning the cloth snugly
about the pelvic region and the legs” (claim 1); “for completing the encircling of
the cloth about the pelvic region and adjacent leg portions of a person” (claim 11);
and “for holding the cloth portions snug about the person’s pelvic region and leg
portions” (claim 17). Reply Brief, p. 3.
We agree that the left and right sides (6, 7) of outer layer (5) are not “bands”
as recited in claim 1. In particular, Branch describes that the panty is generally
constructed of outer layer (5) and includes a reinforced front support panel (2),
which extends from the left side (6) of the panty to the right side (7) of the panty
(col. 2, lines 49-54). We do not see how the sides (6, 7) of the outer layer (5) form
“bands” as required by the claims. Rather, it appears that the outer layer (5)
completely encircles the torso and pelvic region of the wearer. As such, we do not
sustain the examiner’s rejection of claims 1-20 under 35 USC § 102(b) as
anticipated by Branch.
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007