Ex parte MARTEY - Page 6




          Appeal No. 97-1444                                         Page 6           
          Application No. 08/394,499                                                  


          sufficient stiffness to said toy to prevent the toy from wrapping           
          around a child, to thereby prevent suffocation" is that the toy             
          has a rigidity that provides sufficient resistance to bending               
          such that the toy is not capable of closely encircling a child's            
          head.                                                                       


               Nisbet-Baldwin discloses a toy mat formed from a strip of              
          plastic bubblepack packing material.  By jumping on the mat, a              
          child can burst the bubbles which pop with an exciting cracking             
          sound.                                                                      


               Heckel discloses a tumbling and excise mat.  As shown in the           
          Figure, the mat includes one or of a plurality of layers 1, 1' of           
          a closed-cell foamed synthetic material with soft elastic                   
          properties.  On the surface the core is laminated with a textile            
          sheeting and/or a film 3, while the underside is covered with an            
          antiskid netting or sheeting of rubber or a synthetic material 2.           
          Heckel states in column 2, lines 34-40, that                                
               [t]he special advantage of the tumbling and exercise mat               
               pursuant to the innovation resides in the fact that the mat,           
               despite an extraordinarily small weight per unit area, has             
               an outstanding dynamic cushioning action.  All embodiments             
               are readily rollable and their transport by children, even             
               in the case of large dimensions, is assured without any                
               problem. [emphasis ours]                                               








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