Ex Parte Butler - Page 8




          Appeal No. 2003-1439                                                        
          Application No. 09/896,112                                                  
          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 the rhomboids, latissimus dorsi,           
          longissimus dorsi, intercostal, sarratus and thoracis muscles.              
               As for claim 6, both Buckley (column 5, lines 25-38) and De            
          Rosa (column 2, lines 50-61) teach the use of a hook and loop               
          fastener.  It would have been obvious to one of ordinary skill in           
          the art to choose the hook and loop fastener for ease of                    
          attachment of the device.                                                   
               As for claim 7, De Rosa teaches making the garment out of              
          fabric (column 2, line 21).   It would have been obvious to one of          
          ordinary skill in the art to choose a fabric to replace the                 
          unnecessarily complex rubber tubing enclosing garment of Buckley            
          with the fabric of De Rosa to enable the user to utilize the ice            
          packs of De Rosa in a less bulky garment (column 1, lines 33-34).           
               As for claim 9, De Rosa teaches that it is known to sew ice            
          bags into a garment (Column 1, lines 49-50).  Accordingly, it               
          would have been an obvious to one of ordinary skill in the art at           
          the time the invention was made, to sew the ice pockets into the            
          main panel.                                                                 
               As for claim 12, Buckley discloses a main panel 19 sized to            
          fit over a horse’s back and sides, having side sections extending           

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