Ex Parte Hood

Board of Patent Appeals and Interferences

Jun 27, 2008

11062361 (B.P.A.I. Jun. 27, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte CARRIE A. HOOD
__________

Appeal 2008-2040
Application 11/062,361
Technology Center 3700
__________

Decided: June 27, 2008
__________

Before DEMETRA J. MILLS, ERIC GRIMES, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.

MILLS, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134. The Examiner has rejected
claims 1-3, 5-10, 12-17, and 19-21 as anticipated. We have jurisdiction
under 35 U.S.C. § 6(b). We reverse.
The following claims are representative.

1. A bra, comprising:

first and second cup members adapted to receive a breast;
an upper strap system fixedly fastened to an upper portion of each of the first
and second cup members, wherein the upper strap system is operable to
Appeal 2008-2040
Application 11/062,361

extend under an arm of a wearer and around a first rear torso portion of a
wearer; and
a lower strap system fixedly fastened to a lower portion of each of the
first and second cup members, wherein the lower strap system is operable to
extend under the arm of the wearer and around a second rear torso portion of
a wearer, wherein the first and second rear torso portions are spaced apart;
wherein the upper strap system is selectively operable to conform to a
first girth corresponding to the first rear torso portion and the lower strap
system is selectively operable to conform to a second girth corresponding to
the second rear torso portion.

10. A bra, comprising:

first and second cup members adapted to receive a breast;
an upper strap system fixedly fastened to an upper portion of each of
the first and second cup members, wherein the upper strap system is
operable to extend under an arm of a wearer and around a first rear torso
portion of a wearer, wherein the upper strap system includes first and second
strap members selectively operable to couple to one another; and
a lower strap system fixedly fastened to a lower portion of each of the
first and second cup members, wherein the lower strap system is operable to
extend under the arm of the wearer and around a second rear torso portion of
a wearer, wherein the first and second rear torso portions are spaced apart,
wherein the lower strap system includes third and fourth strap
members selectively operable to couple to one another;
wherein the upper strap system is selectively operable to conform to a
first girth corresponding to the first rear torso portion and the lower strap
system is selectively operable to conform to a second girth corresponding to
the second rear torso portion.

17. A bra, comprising:

first and second cup members adapted to receive a breast;
an upper strap system fixedly fastened to an upper portion of each of
the first and second cup members, wherein the upper strap system is
operable to extend under an arm of a wearer and around a first rear torso
portion of a wearer, wherein the upper strap system includes first and second
strap members selectively operable to couple to one another; and

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Appeal 2008-2040
Application 11/062,361

a lower strap system fixedly fastened to a lower portion of each of the
first and second cup members,
wherein the lower strap system is operable to extend under the arm of
the wearer and around a second rear torso portion of a wearer, wherein the
first and second rear torso portions are spaced apart, wherein the lower strap
system includes third and fourth strap members selectively operable to
couple to one another;
wherein the upper strap system is selectively operable to conform to a
first girth corresponding to the first rear torso portion;
wherein the lower strap system is selectively operable to conform to a
second girth corresponding to the second rear torso portion;
wherein the first girth and the second girth are not equal.

19. The invention according to claim 17, further comprising
connection members provided in proximity to each of the ends of the upper
strap system and the lower strap system.

Cited References
Guidoni US 3,939,845 Feb. 24, 1976

Grounds of Rejection
Claims 1-3, 5-10, 12-17, and 19-21 are rejected under 35 U.S.C. §
102(b) as being unpatentable over Guidoni.

DISCUSSION
Background
The present invention generally relates to bras and more particularly
to a strapless bra having independently adjustable dual torso straps. (Spec.
1.)

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Appeal 2008-2040
Application 11/062,361

The Examiner finds that
Guidoni discloses a brassiere with first (1) and second (2) cup
members; an upper strap system (14,15) and a lower strap
system (16) which includes two connectable straps at the rear as
seen in figure 1. The upper and lower straps all go under the
wearer's arm to the rear. The upper and lower straps each have a
girth that are not equal in that one is above the other and spaced
to allow for different girths as claimed in claims 5, 8, 12 and
15. The support areas are the sewn hems 4 and 7 as seen in
figure 1. The straps are selectively operable by tying the ties at
different girths and to tie each tie separately. The straps are
fastened to the cup members with the cup edge hems or tunnels
3 and 6 as claimed in claims 9, 16 and 21.

(Ans. 3-4.)

On the other hand, Appellant contends that:
Guidoni teaches no such structure as recited in claims 1,
10 and/or 17.

Specifically, Guidoni fails to teach that the straps are
fixedly fastened to the cups. Conversely, Guidoni teaches that
the ties slide freely within tubes formed on the periphery of the
bra (e.g., see column 2, lines 29 to line 5 and Fig. 2). For
example, Guidoni teaches at column 2, lines 46-50 that: "The
brassiere also includes three ties or strings 14, 15 and 16, each
of which is inserted in one of said tubular hems, wherein it
[i.e., the ties] can slide freely from one end of the tube to the
other (double arrows 20, 21 and 22 in Fig. 2." (Emphasis
added)

Thus, the ties are not fixedly fastened to any portion of
the bra, but rather are merely disposed within the tubes.

(Br. 12.)

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Appeal 2008-2040
Application 11/062,361

The standard under § 102 is one of strict identity. "Under 35 U.S.C.
§ 102, every limitation of a claim must identically appear in a single prior art
reference for it to anticipate the claim." Gechter v. Davidson, 116 F.3d
1454, 1457 (Fed. Cir. 1997). "Every element of the claimed invention must
be literally present, arranged as in the claim." Richardson v. Suzuki Motor
Co., Ltd., 868 F.2d 1226, 1236 (Fed. Cir. 1989).
Each of the independent claims 1, 10 and 17 recite that the upper or
lower strap is “fixedly fastened" to an upper portion or lower portion of each
of the first and second cup members. We agree with Appellant’s argument
that Guidoni fails to describe ties that are fixedly fastened to the bra, as
Guidoni describes that the ties slide freely in the hem tube. Therefore,
Guidoni does not describe each of the claimed features and the anticipation
rejection of claims 1, 10 and 17 is reversed. The dependent claims stand
with the independent claims.
SUMMARY
The anticipation rejection of the claims is reversed.

REVERSED
dm
Warn Hoffmann, Miller & LaLone, P.C.
P.O. Box 70098
Rochester Hills, MI 48307

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