Ex parte SHAALAN - Page 5




                 Appeal No. 97-2229                                                                                                                     
                 Application No. 08/094,748                                                                                                             


                                                                     OPINION                                                                            
                          Independent claims 1, 19 and 26 stand rejected as being                                                                       
                 anticipated by Bachmann.   These claims are directed to a3                                                                                           
                 garment folding apparatus which is completely removed from the                                                                         
                 garment after folding.  This is not the case with the Bachmann                                                                         
                 device, which is disclosed as a coat hanger comprising a panel                                                                         
                 12 that would appear to be intended to remain installed in the                                                                         
                 garment.  While Bachmann makes no mention of folding a                                                                                 
                 garment, it is our view that one of ordinary skill in the art                                                                          
                 would have understood that at least the lower portion of the                                                                           
                 garment is intended to be folded up along the bottom edge of                                                                           
                 panel 12 before the panel is placed in box 7.                                                                                          
                          The cited claims require that the device have a main body                                                                     
                 portion “having a flat, rectangular shape.”  The overall shape                                                                         
                 of Bachmann hanger 12 is not rectangular, but the examiner has                                                                         
                 reasoned that this limitation can be read on the lower portion                                                                         
                 of the Bachmann hanger, with the upper boundary being a line                                                                           

                          3Anticipation is established only when a single prior art                                                                     
                 reference discloses, expressly or under the principles of                                                                              
                 inherency, each and every element of the claimed invention.                                                                            
                 See RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d                                                                          
                 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.), cert. dismissed sub                                                                         
                 nom., Hazeltine Corp. v. RCA Corp., 468 U.S. 1228 (1984).                                                                              
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