Thursday, April 28, 2011

US 7,753,759: a bra with a pocket for a cell phone

There is apparently litigation over the claims of US 7,753,759, titled Article of apparel for concealing objects , which has a first claim:

An article of apparel for wearing in contact with the breasts of a wearer, the article comprising a pair of breast covers; each breast cover having an outer surface and an inner surface; a medial side and a lateral side; and an upper portion and a lower portion, each breast cover being joined to breast cover support means attached to the upper torso of the wearer for holding the breast cover in place; a layer of padding encompassed between the inner surface of the breast cover and the outer surface of the breast cover; the inner surface of each breast cover being the innermost side of the breast cover that lies adjacent to the wearer's body; wherein the inner surface of each breast cover defines a wearer's body side surface lying against the skin of the wearer and a padding side surface facing toward the layer of padding; the article further comprising a pocket layer having a perimeter; wherein a majority of the perimeter of the pocket layer is attached to the wearer's body side surface of the inner surface of at least one breast cover such that the pocket layer is located between a wearer's breast and the wearer's body side of the inner surface of the breast cover defining a pocket between the pocket layer and the wearer's body side surface of the inner surface of the breast cover; the pocket having a mouth for receiving objects to be carried in the article; wherein the pocket is disposed toward the lateral side of the breast cover with the mouth toward the upper lateral portion of the breast cover; wherein the pocket layer is attached to the wearer's body side surface of the inner surface of the breast cover at an angle of about 10 degrees to about 30 degrees and laterally located relative to the center of the breast cover; such that when the article is worn on the body of a wearer with the breast cover held in place over a breast; an object received in the pocket is biased against the lateral side of the breast, so that the pocket deforms inwardly toward the skin surface of the wearer, and the object is concealed from view.

AND, note claim 7:

7. The article of claim 1, wherein the article is one of a halter top, tank top, and a dress.

The patentee is Tammy Pintor, owner of TJ Secret in Menomonee Falls, WI. The accused is Leslie Van Dorf of Nashota, WI / Purse-Les .

Within the description of related art:

Thus, there is a need for a bra or related article of apparel with one or more pockets designed to hold cellular phones, personal listening devices, cosmetics, valuable items, medical objects, supplies, and other concealed objects securely so that they do not become lost or damaged. There is also a need for a bra or related article of apparel with one or more pockets that does not allow others to readily detect the presence of concealed objects in the pockets, or that does not create a bulky appearance to the breasts or clothing.

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