Ex parte COVINGTON et al. - Page 5




          Appeal No. 97-0115                                                          
          Application 08/220,341                                                      


               material substantially throughout the entire area of                   
               the back [column 1, lines 42 through 50].                              
               Zimmon discloses a hospital gown which can be made as a                
          front-opening garment (see, for example, Figure 1) or as a                  
          rear-opening garment (see, for example, Figure 6).                          
               Harreld discloses a hospital gown made from a blank                    
          having slits near each of its side edges to form a pair of                  
          integral tie straps 16 (see Figure 1).                                      
               Brock discloses a non-woven garment material having a                  
          number of desirable characteristics such as a textile-like                  
          appearance,                                                                 
          a desirable drape, strength, a comfortable feel, abrasion-                  
          resistance and water-repellency (see column 1).                             
               The threshold issue in this appeal is whether Artzt, the               
          primary reference in each of the appealed rejections, is non-               
          analogous art with respect to the claimed invention as argued               
          by the appellants (see pages 7 through 10 in the brief), and                
          thus is too remote to be treated as prior art in determining                
          the obviousness of the claimed invention.                                   
               Prior art is analogous if it is within the field of the                
          inventor's endeavor or is reasonably pertinent to the                       

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