Appeal No. 96-3886
Application 08/275,091
disclosure on page 7 of the specification that the outer
sleeve has a "shell-like form," or any other part of the
original disclosure, supports the proposition that the term
"connected
regionally" of original claim 6 would necessarily be
understood by one of ordinary skill in the art as referring to
the relationship between the exterior of the cushion (3) and
the inside of the sleeve (5). In this regard, the
circumstance that one skilled in the art might realize from
reading a disclosure that something is possible is not a
sufficient indication to that person that the something is a
part of an applicant’s disclosure. See In re Barker, 559 F.2d
588, 593, 194 USPQ 470, 474 (CCPA 1977), cert. denied, 434
U.S. 1064 (1978).
In summary:
the standing rejection of claims 26 to 29 as being
unpatentable over Rose and Johnson is reversed; and
pursuant to 37 CFR § 1.196(b), a new rejection of claim
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