Appeal 2007-2404
Application 10/445,666
associated with face paint and the fan masks currently available”
(Specification 2-3). The Specification discloses that “the face mask and cap
are fixedly joined so as to eliminate the potential of loss or misplacement of
either component” (id. at 3). The mask/cap combination “is comfortable to
wear and . . . fits most wearers without any adjustment due to the elastic
nature of the mask providing a slight tension around the forehead of the
user” (id.).
DISCUSSION
1. CLAIMS
Claims 1-5 and 7-11 are pending and on appeal. Appellant states that
the appealed claims “form a single group of which Claim 1 is representative
and dispositive of this appeal” (Br. 3). Claim 1 reads as follows:
1. In combination, sports fan headgear comprising:
a pre-molded face mask of elastically pliable material
and sized to cover a person’s face from side to side and from
chin to forehead, said mask including a plurality of openings
therethrough to correspond to a person’s eyes, nose and mouth;
a billed cap having a scalp cover of fabric material
formed as a concave head covering, a visor secured to said
scalp cover, and a cap size-adjustment cut-out in said scalp
cover opposite said visor; and
attachment material permanently connecting said scalp
cover to said face mask adjacent said size-adjustment cut-out,
whereby the scalp cover may be optionally positioned on
a person's head with said visor to the rear while the face mask
covers the person’s face, or the scalp cover may be alternatively
positioned on a person's head with said visor forward while the
face mask covers the back of the person’s head.
Thus, claim 1 is directed to a billed cap having an elastic, full-face
mask permanently connected to the rear of the cap.
2
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Last modified: September 9, 2013