Ex Parte AUGUSTINE et al - Page 6



          Appeal No. 2000-0086                                                          
          Application No. 08/831,603                                                    


          The examiner has given the term "inflatable" the reasonable and               
          customary meaning.  There is no language in the argued claim that             
          requires any other construction.  Furthermore, we disagree with               
          appellants' conclusion that a flexible rubber bag shown as                    
          distended in a figure and provided with a pressurized air inlet               
          is not inherently inflatable.  The examiner's finding of                      
          inflatable is reasonable, and we hold that the burden has shifted             
          to appellants to provide evidence that the bag of Kliesrath is                
          not inflatable.  The appellants have not done so.                             
               Appellants argue that Kliesrath has no drape that hangs over             
          a portion of a person's body.  On the contrary, Kliesrath is                  
          directed to a covering for a body to control the temperature of a             
          person in bed. Col. 1, line 5.  The quilt portion that extends                
          past the perimeter of the bag meets all appellants' claim                     
          definitions of a drape, as outlined above.                                    








                                           6                                            




Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007