Appeal No. 97-2019 Page 8
Application No. 08/430,196
complimentary cover 12. Therefore, in
consideration of Jordan, it would have been
obvious to one of ordinary skill in the art
to associate a complementary cover with the
Ekman cover means in order to enable use of
the bathing apparatus for steam treatment.
[examiner’s answer at page 5].
Appellant argues that the cover means of Jordan does not
disclose a first cover for partially covering the body and a
second complementary cover to cover the rest of the body
because the Jordan cover means has a small hole for the neck
which allows the head to be outside the cover.
In our view, the phrase “completely enclose said tub
unit” is broad enough to include a tub unit with a cover and
complementary cover as disclosed in Jordan which encloses the
tub unit and has a small hole for the neck of the person
bathing in the tub. In this regard, we note that WEBSTER’S II
NEW RIVERSIDE UNIVERSITY DICTIONARY (The Riverside Publishing
Company, 1984) defines “enclose” as “to surround on all
sides.” The cover 10 and complementary cover 12 disclosed in
Jordan certainly surrounds the tub unit on all sides
notwithstanding the small hole for the neck of the bather.
In view of the foregoing, the examiner’s rejection of
claim 5 under 35 U.S.C. § 103 will be sustained.
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