Ex parte HAMEL-NYHUS et al. - Page 3




          Appeal No. 97-1020                                                          
          Application 08/229,650                                                      



                    The basis of this rejection, as set forth on pages 2              
          and 3 of Paper No. 9, is:                                                   
                    Miller teaches a baby blanket with a dia-                         
                    mond shaped rear sheet, a front sheet at-                         
                    tached to                                                         
                    the rear sheet forming an open topped com-                        
                    partment substantially as claimed except                          
                    for                                                               

                    the rear sheet having at least three or                           
                    more aperture forming means.                                      
                    The patent to Ranalli teaches aperture                            
                    forming means to be old and well known in                         
                    the art.  It would have been obvious to one                       
                    of ordinary skill in the art to modify the                        
                    Miller device such that the rear sheet had                        
                    at least three or more aperture forming                           
                    means as taught to be old by Ranalli                              
                    thereby providing the obvious advantage of                        
                    use in a car seat.                                                
                    Turning to appellants' arguments, we note initially               
          that they assert that Ranalli's blanket "is placed over the                 
          car seat in an orientation that is turned at 45E from that                  
          shown in Miller" (brief, pages 4 to 5).  We do not consider                 
          this argument to be well taken because Ranalli discloses in                 
          Fig. 9 an embodi- ment in which the apertures are at 45E to                 
          the borders of the blanket (col. 4, lines 58-62).  This                     
          embodiment would be usable in the situation where, as with the              
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