Appeal No. 97-2226 Page 15
Application No. 08/203,789
useful materials for fabrication of the gown include
continuously extruded, synthetic material or composites of
such materials, particularly in continuous sheet form prior
to fabrication; woven natural fiber or synthetic fiber
materials, including woven cloth and other woven fabric-like
material constructed from cotton, cotton blended with
synthetics (such as polyester, nylon, polypropylene and the
like), and polyester, nylon, polypropylene or other
synthetics; and non-woven natural fiber or synthetic fiber
materials.
Based upon the combined teachings of Thompson, Dye,
Boettcher and Spriggs, it is our opinion that it would have been
further obvious to one of ordinary skill in the art at the time
of the appellants' invention to make the modified garment of
Thompson from polypropylene as suggested and taught by Spriggs
especially since Thompson is silent as to the material from
which her garment is made.
CONCLUSION
To summarize, the decision of the examiner to reject claims
1 through 3, 10, 11, 22, 30 and 31 under 35 U.S.C. § 103 is
reversed and a new rejection of claims 1 through 3, 10, 11, 22,
30 and 31 under 35 U.S.C. § 103 has been added pursuant to
provisions of 37 CFR § 1.196(b)
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