Ex parte ELTING et al. - Page 14




          Appeal No. 97-2226                                        Page 14           
          Application No. 08/203,789                                                  


          view of the overall teachings of the applied prior art which                
          suggests providing closable openings at wherever a need might               
          arise.                                                                      


               Claims 2, 3, 22 and 31 are rejected under 35 U.S.C.                    
          § 103 as being unpatentable over Thompson in view of Dye and                
          Boettcher as applied above with respect to claim 1 and further in           
          view of Spriggs.                                                            


               In addition to the differences set forth above with respect            
          to claims 1, 10, 11 and 30, it is our opinion, based on our                 
          analysis and review of Thompson, that the only additional                   
          difference is the limitation that the garment be made of a fabric           
          selected from the group consisting of polypropylene; a water-               
          proof, breathable fabric; an insulating, water absorbent fabric;            
          silk; wool; cotton; rayon and polyester (claim 2) or from                   
          polypropylene (claims 3, 22 and 31).                                        


               Spriggs discloses a hospital gown 10.  Spriggs teaches that            
          the gown may be made of any of the materials heretofore well                
          known to the art for hospital gown use.  Spriggs discloses                  
          (column 3, line 64, to column 4, line 6) that                               








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