Ex parte HAMEL-NYHUS et al. - Page 6




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



          crotch strap outside the periphery of the compartment, but                  
          would place it within the compartment, so that the crotch                   
          strap could properly perform its intended function, and would               
          not be separated from the baby by a layer of blanket.                       
                    We therefore conclude that claim 1 is unpatentable                
          under 35 U.S.C. § 103(a), and will sustain the rejection of                 
          that claim, as well as of claims 2, 8 and 9 grouped therewith               
          (brief, page 3).                                                            
                    On page 6 of the brief, appellants assert that                    
          Ranalli does not disclose three or five "aperture forming                   
          means," as recited in claims 6 and 7.  However, slits 21 and                
          23, for example (Fig. 9), are provided with closure members                 
          (press studs) 31, 32, 35, 36, so that they may be formed into               
          a suitable number of apertures to accommodate the straps of a               
          three- or five-point harness (see Ranalli, col. 4, lines 33 to              
          41 and 58 to 62).  Ranalli therefore discloses the claimed                  
          numbers of "aperture forming means," and the rejection of                   
          claims 6 and 7 will be sustained.                                           
          Rejection (2)                                                               



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