Ex parte LOPEZ et al. - Page 5




                Appeal No. 97-0747                                                                                                            
                Application 08/443,258                                                                                                        


                8).  As indicated above, claim 26 does not actually require the cuffs to be affixed to the sleeves of the                     

                gown via the single ply main body portion.  Nor does claim 26 in any way exclude Neckerman’s two-                             

                ply cuff back section 16 or the affixation of Neckerman's cuffs to the sleeves of the gown via their two-                     

                ply back sections.  Thus, the appellants’ position on appeal is not well taken with respect to                                

                representative claim 26.                                                                                                      



                         Accordingly, we shall sustain the standing 35 U.S.C. § 103 rejection of claim 26, as well as the                     

                standing 35 U.S.C. § 103 rejections of claims 15 through 21, 23 through 25 and 27 which stand or fall                         

                therewith.                                                                                                                    

                         The decision of the examiner is affirmed.                                                                            

                         No time period for taking any subsequent action in connection with this appeal may                                   

                be extended under 37 CFR § 1.136(a).                                                                                          

                                                          AFFIRMED                                                                            




                                                                                                                                             

                                         HARRISON E. McCANDLISH, Senior                    )                                                  
                                         Administrative Patent Judge              )                                                           
                                                                                           )                                                  
                                                                                           )                                                  
                                                                                           )  BOARD OF PATENT                                 
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