Appeal 2007-1812
Application 10/759,713
The Examiner relies on Allen for disclosing a thermal strap having
“an alternate means of fastening by providing the device with a single hook-
type fastener positioned completely within the perimeter of the strap (10)
that fastenably couples to the loop-like material on the other end and side of
the strap in order to secure the strap/device about the user” (id. at 6). The
Examiner concludes that it would have been obvious “to modify the
invention of Silverberg, as is well known in the art and taught by Allen, to
use a single hook-type fastener positioned completely within the perimeter
of the strap as an alternate fastening means in order to secure the strap to a
user” (id. at 6-7).
We conclude that the Examiner has set forth a prima facie case of
obviousness. Silverberg describes a wrap for snugly fitting around a body
area that “includes one or more panels with . . . surfaces of a fabric loop-type
material,” “[h]ook-type fasteners which mate with the fabric loop-type
material . . . used to secure adjoining panels together to form a wrap of an
appropriate size,” and “[o]ne or more pockets . . . removably attached to the
interior surface of the panels” (Silverberg, col. 2, ll. 8-20). “Preferably,
three hook-type fasteners are coupled to a right edge of each panel to
provide securing means for securing the panel to an adjoining panel” (id. at
col. 2, ll. 13-17). “The fasteners 14 are preferably sewn to the panel 12 and
extend over the edge of the panel for securing to an adjoining panel” (id. at
col. 3, ll. 20-24).
Allen describes a “support member having two ends, a securing
member for removably securing the support member ends, a breast pouch
disposed on the support member, and a temperature regulator positioned in
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