Appeal Number: 2006-2531
Application Number: 09/910,641
Yonkers also discloses that the layer of plastic film itself can
have variations in color (col. 4, lines 10-13). That disclosure
indicates that in the embodiment wherein the lower surface of
the plastic film itself is crosscut or hatched to provide
traction (col. 3, line 54 - col. 4, line 2), the lower surface
of the plastic film can be colored.1
The appellant argues regarding claim 22 that Yonkers does
not disclose decorative fashion wear (brief, pages 12-13).
Yonkers’ indexing devices are placed on the body and can have
variations in color and shape (col. 4, lines 10-13; figures 1
and 6). Thus, the devices are capable of being perceived as
decorative fashion wear.
With respect to claim 29 the appellant argues that Yonkers
does not disclose that the indexing device is suitable for
hands, feet, toes, knees and elbows (brief, page 16). In
claim 29 the body part also can be fingers, and Yonkers
discloses applying the indexing device to fingers (figure 1).
1 As pointed out by the appellant (reply brief, pages 7-8), Yonkers states
that the variations of color in both the mass of traction material and the
plastic film are included in what Yonkers refers to as “alternate
embodiments”, and that in each of the alternate embodiments the device is
constructed in essentially the same manner as in the preferred embodiment
wherein traction material is applied to the plastic film (col. 3, lines 42-
50; col. 4, lines 10-19). The embodiment wherein the lower surface of the
plastic film itself is crosscut or hatched (col. 3, line 54 – col. 4, line 2)
cannot be constructed in that manner because there is no traction material.
Hence, one of ordinary skill in the art would have interpreted Yonkers’
disclosure regarding color as pertaining to the plastic layer in that
embodiment.
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