Appeal 2007-0270
Application 10/434,712
1 "vertically centered" means centered in a vertical sense between something
2 above and something below. (Reply Br. 3). The Examiner's position can be
3 found on pages 3-4 of the Answer.
4 We reverse.
5 ISSUE
6 Has Appellant shown that the Examiner erred in holding that Flinsch
7 anticipates claims 1-5 and 7. The issue turns on whether Flinsch teaches the
8 pillow member being located "substantially vertically centrally between the
9 upper and lower edges" of the collar, as recited in claim 1 and as similarly
10 recited in independent claims 3 and 4.
11
12 FINDINGS OF FACT
13 1. Appellant invented a modular cervical support and redefinition
14 structure. (Specification 1).
15 2. Flinsch discloses a support for the neck and head to prevent
16 stiffness in the neck and to obviate pains in the head. (p. 1, l. 6 and
17 ll. 18-23).
18 3. Flinsch further discloses a cushion or bolster and an auxiliary
19 cushion b, which is attached to cushion a by spring press-buttons c.
20 (p. 1, ll, 35-42).
21 4. Flinsch additionally discloses that the auxiliary cushion b may be
22 attached to cushion a, along the outer rim of cushion a. (p. 1, ll. 41-
23 43).
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Last modified: September 9, 2013