Ex Parte Butler - Page 7




          Appeal No. 2003-1439                                                        
          Application No. 09/896,112                                                  
          pockets are frozen and secured inside the garment (column 2, lines          
          6-14) to cool the wearer.  De Rosa teaches that ice can be used in          
          place of cold water-cooling garments (column 1, lines 29-31) to             
          avoid a rupture which renders the whole garment unusable.                   
               Accordingly, it would have been obvious to one of ordinary             
          skill in the art at the time the invention was made to substitute           
          the plurality of ice bags of De Rosa for the cooling apparatus of           
          Buckley to avoid failures and high cost.                                    
               As for claim 3, Buckley and De Rosa are as above for claim 1.          
               We further find that Figure 6 of Buckley further illustrates           
          the flow channels for treating a horse’s back.  It would have been          
          obvious to one of ordinary skill in the art at the time the                 
          invention was made to substitute an ice pocket of De Rosa in the            
          center section of Buckley for the reduction in cost, bulkiness,             
          and a reduction in likelihood of failure as noted in De Rosa.               
               We also find that Buckley teaches configuring the appliance            
          to treat selected regions of the horse, including the withers, the          
          loin, the back, and the croup. (Column 4, lines 15-24).  It would           
          have been obvious to one of ordinary skill in the art at the time           
          the invention was made to position the ice pockets to rest                  
          adjacent particular muscles.                                                
               As for claim 4, we again find that Buckley teaches                     
          configuring the appliance to treat selected regions of the horse,           

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