Appeal No. 1999-0945
Application 08/786,665
exterior surface of the envelope. Claim 11 also recites that
the envelope and said particles therein collectively define “a
planar shape having a thickness of up to about 15
centimeters.” The last portion of claim 11 sets forth the
requirements of
“said differential air pressure and said
thickness collectively
maintaining said particles in said closed
packed arrangement,
providing sufficient rigidity to said envelope to
maintain said envelope in said planar shape when
being held at one end thereof, and
providing sufficient flexibility to said
envelope for it to be wrapped around and assume the
shape of a first article without change in said
differential air pressure, returned to said planar
shape without change in said differential air
pressure, and for
it to be wrapped around and assume the shape of a
second and differently shaped article without change
in said differential air [sic, pressure].”
In rejecting claims 3, 4, 11 and 12 under 35 U.S.C. § 103
based on the Jarvis patent, the examiner has taken the
position that Jarvis discloses an envelope (e.g., 82 in Fig.
5) which includes most of the elements of the claims. With
particular regard to claim 11 on appeal, the examiner has
indicated that Jarvis lacks an express teaching that the
cushion/envelope disclosed therein can have a thickness of up
5
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