Ex Parte Holden - Page 2

          Appeal Number: 2006-2531                                                          
          Application Number: 09/910,641                                                    

                                      THE INVENTION                                         
                The appellant claims a fashion wear item comprising a                       
          flexible pad for attachment to a body part, and claims a method                   
          for using the pad to decorate a body part.  Claim 21 is                           
          illustrative:                                                                     
                21.  A novelty fashion wear item, comprising:                               
                     a flexible pad having an upper surface and a lower                     
                surface with a non-slip texture;                                            
                    said pad being sufficiently flexible to conform to a                    
                contoured surface area of a body part;                                      
                     said pad having its entire upper surface coated with                   
                an adhesive material for removably securing said pad to                     
                said contoured surface area of a body part to facilitate                    
                decorating said contoured surface area; and                                 
                     said pad having its lower surface provided with                        
                indicia to decorate said contoured surface area.                            

                                      THE REFERENCES                                        
          Yonkers                     3,985,383             Oct. 12, 1976                   
          Lee                         6,613,382             Sep.  2, 2003                   
          (filed Dec. 22, 2000)                                                             
                                      THE REJECTIONS                                        
                The claims stand rejected as follows: claims 21-23, 29                      
          and 32 under 35 U.S.C. § 102(b) as anticipated by Yonkers, and                    
          claim 27 under 35 U.S.C. § 103 as obvious over Yonkers in view                    
          of Lee.                                                                           
                                          OPINION                                           
                We affirm the aforementioned rejections.                                    



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