Ex parte MARTEY - Page 4




          Appeal No. 97-1444                                         Page 4           
          Application No. 08/394,499                                                  


          stiffness to said toy to prevent the toy from wrapping around a             
          child, to thereby prevent suffocation."                                     


               It is axiomatic that, in proceedings before the PTO, claims            
          in an application are to be given their broadest reasonable                 
          interpretation consistent with the specification, and that claim            
          language should be read in light of the specification as it would           
          be interpreted by one of ordinary skill in the art.  In re Sneed,           
          710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).                    


               The appellant's specification (pages 1-2) provides that                
          (1) the soft nature of the micro-bubble plastic laminate                    
          cushioning sheet of the prior art permits it to wrap around                 
          irregular objects for cushioning and therefore can result in a              
          young child being wrapped up in the sheet and suffocated, (2) the           
          laminate of the invention is provided with sufficient stiffness             
          that it resists wrapping around a child enough to cause                     
          suffocation, and (3) the bottom layer 4 is sufficiently stiff or            
          rigid that it prevents the mat 1 from folding over and smothering           
          a child and keeps it flat on the floor.                                     











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