Appeal No. 97-0115
Application 08/220,341
The appealed claims stand rejected under 35 U.S.C. § 103
as follows:2
a) claims 1 through 8, 10 through 14 and 17 as being
unpatentable over Artzt in view of Coven and Zimmon;
b) claim 9 as being unpatentable over Artzt in view of
Coven and Zimmon, and further in view of Harreld; and
c) claims 15 and 16 as being unpatentable over Artzt in
view of Coven and Zimmon, and further in view of Brock.
Reference is made to the appellants’ brief (Paper No. 10)
and to the examiner’s answer (Paper No. 12) for the respective
positions of the appellants and the examiner with regard to
the propriety of these rejections.
Artzt “relates generally to wearing apparel and is
particularly directed to improvements in garments, such as,
T-shirts, polo-shirts, pajama tops and the like, and to
improved methods of making such garments” (column 1, lines 7
through 10). Figures 2 and 3 respectively illustrate a blank
and a garment made from the blank. The blank 12a is cut from
2Upon reconsideration, the examiner has withdrawn the
35 U.S.C. § 112, second paragraph, rejection of claims 7 and 8
which was set forth in the final rejection (see page 7 in the
examiner’s answer).
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