Ex parte KOENIG - Page 3





                     Appeal No. 1998-1610                                                                                                                                              
                     Application No. 08/551,319                                                                                                                                        


                     07, 1994                                                                                                                                                          
                     (Hargest)                                                                                                                                                         
                                          Claims 1, 3 and 7 stand rejected under 35 U.S.C. §                                                                                          
                     102(b) as being anticipated by or, in the alternative, under                                                                                                      
                     35 U.S.C.                                                                                                                                                         
                     § 103 as obvious over Spann.2                                                                                                                                     


                                Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as                                                                                                 
                     being unpatentable over Spann.3                                                                                                                                   
                                Claim 2 stands rejected under 35 U.S.C. § 103 as being                                                                                                 
                     unpatentable over Spann in view of Saviez.                                                                                                                        
                                Claim 4 stands rejected under 35 U.S.C. § 103 as being                                                                                                 
                     unpatentable over Spann in view of Hargest.                                                                                                                       
                                Claims 8 through 12 and 15 stand rejected under 35 U.S.C.                                                                                              
                     § 103 as being unpatentable over Thorn in view of Spann.                                                                                                          
                                Claim 13 stands rejected under 35 U.S.C. § 103 as being                                                                                                


                                2We note the following errors in claim 1 (line numbers refer to the                                                                                    
                     claim as it appears in the "Appendix"): line 1, "infants" should read --                                                                                          
                     infant's--, and line 16, "passageways" should read --passageway--.                                                                                                
                                3As a result of an apparent typographical error in Amendment A, filed                                                                                  
                     October 28, 1996 (Paper No. 5), the words "as in claim 1" in original claim 5                                                                                     
                     were omitted.  For purposes of our review, we construe claim 5 as being                                                                                           
                     dependent on claim 1.  Correction of claim 5 in Paper No. 5 is in order upon                                                                                      
                     return of this application to the jurisdiction of the examiner.                                                                                                   
                                                                                          3                                                                                            






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