Ex parte HAMEL-NYHUS et al. - Page 10




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



                 by folding    up the bottom of the rear sheet.  At the lower                                                                           
                 end of the compartment there is an aperture 24 for the crotch                                                                          
                 harness member, the edges 37 of the aperture being permanently                                                                         
                 joined together, as by sewing (col. 3, lines 55 to 64; col. 4,                                                                         
                 lines 48                                                                                                                               
                 to 53).  Aperture 24 constitutes the recited "one of said                                                                              
                 aperture forming means,"  and aperture 21 with fasteners 31,4                                                                                           
                 32,                                                                                                                                    
                 is the "at least two" aperture forming means.  The parts of                                                                            
                 the compartment on either side of aperture 24 form the left                                                                            
                 and right extensions recited in claim 10.                                                                                              
                 (II)  Claims 1 to 3, 6, 7, 9 and 10 are rejected under 35                                                                              
                 U.S.C. § 103(a) as unpatentable over Crosby in view of                                                                                 
                 Ranalli.  Crosby discloses a baby blanket having an open-                                                                              



                          4Construing "aperture forming means" in accordance with                                                                       
                 35 U.S.C. § 112, sixth paragraph, we find a description of the                                                                         
                 corresponding structure on page 7, lines 32 to 35 of the                                                                               
                 specification, where appellants state that the apertures may                                                                           
                 have either a closed perimeter, like an oversized buttonhole,                                                                          
                 or an open perimeter, extending to one edge of the sheet.                                                                              
                 Therefore, "aperture forming means" includes an aperture such                                                                          
                 as 24 of Ranalli, which extends to the lower edge of the front                                                                         
                 and rear sheets.                                                                                                                       
                                                                          10                                                                            





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