Appeal No. 1999-2364
Application No. 08/562,816
cleaned. The fabric taught by Young is
considered an equivalent to the applicant’s
"sweatshirt fleece" since it is well known
that fleece is defined as either a fabric
such as a coat of wool or a fabric with a
soft deep pile.
In considering this rejection, we do not find in Young
(which discloses a sleeping bag for dogs and other domestic
animals) any disclosure of a "soft plush fabric," the
examiner’s statement to the contrary notwithstanding. Col. 3,
lines 19 to 24 of Young, to which the examiner refers, reads:
The fabric used for the upper and lower
covers should be selected for ease in
cleaning or washing and resistent [sic] to
stain. Other than meeting those
requirements, any fabric including cotton,
wool, synthetic or canvas and the like may
be utilized.
According to the examiner, supra, the fabric disclosed by
Young is an equivalent of sweatshirt fleece, but it is not
clear how the examiner arrives at this conclusion, or why,
even if correct, it would have been obvious to employ
sweatshirt fleece as or on North’s sheets. There being no
disclosure in the applied references of sweatshirt fleece or
its use for such a purpose, the rejection of claims 13 to 15
and 17 will not be sustained.
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