Ex parte JUDITH A. BURTON et al. - Page 7




          Appeal No. 96-4085                                                          
          Application 08/341,837                                                      



          to enhance the comfort of the flotation device therein,                     
          especially when using the device as shown in Figure 5b.                     


                    As to the requirement of claim 22 that the second float           
          section have a length which is "shorter than the first float                
          section," we observe that in following the teachings of Ciolino             
          to extend the length of the first float section (11) of Johnson             
          so as to enhance the comfort of the flotation device therein by             


          supporting the head and neck of a user, it would logically follow           
          that the second float section (12) would then be shorter than               
          the first float section, as is also depicted in Ciolino (e.g.,              
          Figures 5A, 5B).                                                            


                    Where we part company with the examiner is in the                 
          evaluation of the claimed size of the connecting section relative           
          to the float sections, i.e, the requirements in appellants'                 
          claims that the connecting section must be "longer than either of           
          said float sections," and that the connecting section be "sized             
          and adapted to extend from a mid back region of the user to a               
          femoral region of the user and to terminate at such femoral                 
          region."  In this regard, we must agree with appellants' argument           
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