Ex parte ELTING et al. - Page 12




          Appeal No. 97-2226                                        Page 12           
          Application No. 08/203,789                                                  


          arranged at certain positions, so that the patient can be                   
          properly examined and injections made, as desired.  As shown in             
          Figure 1, in addition to the gown a hood 15 can be provided.  As            
          shown in Figures 1-3, the hood and gown are provided with                   
          openings 3, 9, 10, 11 and 19 which are closable by zippers.                 
          Lastly, Boettcher teaches that his gown and hood are particularly           
          adapted for use in the care of patients in oxygen tents wherein             
          such patients are sometimes exposed to temperatures below 65°F.             


               After the scope and content of the prior art are determined,           
          the differences between the prior art and the claims at issue are           
          to be ascertained.  Graham v. John Deere Co., 383 U.S. 1, 17-18,            
          148 USPQ 459, 467 (1966).                                                   


              Based on our analysis and review of Thompson and claims 1,             
          10, 11 and 30, it is our opinion that the only differences are              
          the limitations that the garment include (1) a hood piece for               
          covering the head and neck of the patient and having a closable             
          opening therein along an anterior neck line; and (2) closable               
          openings in the leg sections provided along the left lateral line           
          of the left leg portions and along the right lateral line of the            
          right leg portions.                                                         








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