Ex Parte Gerstmar - Page 2

                Appeal 2007-0270                                                                              
                Application 10/434,712                                                                        

           1          1. Modular cervical support and redefinition structure                                  
           2          comprising                                                                              
           3                                                                                                  
           4                 a collar having a central cervical region, and possessing                        
           5          opposite-side inside and outside surfaces and upper and lower                           
           6          edges, removeably wrapable about a user's neck with said                                
           7          inside surface disposed directly adjacent the neck, said central                        
           8          cervical region disposed against the cervix, and said outside                           
           9          surface facing substantially 180° rearwardly away from the                              
          10          neck, and                                                                               
          11                                                                                                  
          12                 pillow structure removeably attachable to said outside                           
          13          surface of said collar at the location of said central cervical                         
          14          region, and substantially vertically centrally between said upper                       
          15          and lower edges, to coact with the collar, outwardly and                                
          16          rearwardly thereof, in the furnishing of cervical support for the                       
          17          user with such coaction taking place along a line-of-action                             
          18          which extends from the pillow structure, through said collar's                          
          19          opposite-side inside and outside surfaces, and through the                              
          20          central cervical region of the collar to the user's cervix, and                         
          21          with this line-of-action lying in a plane which, with said support                      
          22          and redefinition structure in use by a user, intersects said collar,                    
          23          said pillow structure, and the user's neck and cervix, at a                             
          24          location which is generally vertically centered on the user's                           
          25          cervix.                                                                                 
          26                                                                                                  
          27          The Examiner rejected claims 1- 5 and 7 under 35 U.S.C. § 102(b) as                     
          28    being anticipated by Flinsch.                                                                 
          29          The prior art relied upon by the Examiner in rejecting the claims on                    
          30    appeal is:                                                                                    
          31          Flinsch   US 673,872   May 14, 1901                                                     
          32                                                                                                  
          33          Appellant contends, inter alia, that the Examiner has misinterpreted                    
          34    the phrase "vertically centered" by treating these terms as separate and non-                 
          35    interdependent concepts (Reply Br. 2).  It is argued that the phrase                          

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