Appeal No. 1998-1610
Application No. 08/551,319
causes air to flow from hole to hole. Thus, it is clear to us
that not only would the sides of the voids in Spann not retain
their shape throughout under the compressive weight of an
infant, but that such would be contrary to the intended
function of the disclosed pad.
Since Spann does not disclose every limitation recited in
claim 1, expressly or inherently, it does not anticipate that
claim. In re Schreiber, supra. Claims 3 and 7, which depend
on claim 1, are likewise not anticipated.
The rejections of claims 1, 3 and 5-7 under 35 U.S.C. § 103
We reverse the examiner’s rejections under 35 U.S.C. §
103.
We agree with appellant's argument (main brief, page 10)
that Spann does not teach or suggest the limitation in claim 1
that "each one of said passageway sides extends perpendicular
to
said top and said bottom . . . from said top to said
bottom."
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