Appeal No. 1998-1610
Application No. 08/551,319
8-54 and col. 5, lines 65-68. Spann teaches that the
described
pad may be made from an open cell polyurethane foam having a
density of about 1.63 pounds per cubic foot and an indentation
load deflection of about 34 to 38 (col. 5, lines 40-45).
Appellant argues (main brief, pages 8 and 9) that Spann
does not anticipate claim 1 because the reference does not
disclose: (1) passageway sides extending perpendicular to the
top and bottom of the pad and abutting against an adjacent one
of said passageway sides from said top to said bottom; and5
(2) passageway sides formed from a foam material having low
compressibility whereby the sides retain their shape
throughout under the compressive weight of an infant.
The examiner's response (answer, page 10) to argument (1)
is that Spann clearly shows "passageway sides extending
perpendic-ular to said top and said bottom and abutting
against an adjacent one of said passageway sides from said top
Based on the underlying disclosure and the recitation in claim 1 that5
the passageways are "substantially planar," we understand the limitation to
require, inter alia, that each passageway side be perpendicular to said top
and said bottom along its entire length.
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