Appeal No. 1998-1610
Application No. 08/551,319
§ 1.142(b) as being directed to a nonelected invention. Claim
28
has been canceled. The appellant has confined the appeal to
only claims 1 through 17 (brief, page 2). Consequently, the
appeal as to claims 23 through 27 and 29 through 32 is hereby
dismissed, leaving for review the standing rejections of
claims 1 through 17.
We REVERSE.
The subject matter on appeal is directed to a sleeping
pad for use in an infant's crib. An understanding of the
invention can be derived from a reading of exemplary claim 1,
a copy of which can be found in the "Appendix" to the main
brief (Paper No. 9).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Padjen 2,203,921 Jun. 11,
1940
Thorn 3,430,272 Mar. 04,
1969
Spann 4,603,445 Aug. 05,
1986
Saviez 4,809,374 Mar. 07,
1989
Hargest et al. 5,317,767 Jun.
2
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