Ex parte KOENIG - Page 6




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


          sides, (b) a plurality of substantially planar, four-sided                  
          passageways extending through said pad member from said top to              
          said bottom, each one of said passageway sides extending                    
          perpendicular to said top and said bottom and abuts against an              
          adjacent one of said passageway sides from said top to said                 
          bottom; and (c) at least said passageway sides are formed from              
          a foam material having low compressibility whereby when an                  
          infant is supported on said pad member, said passageway sides               
          retain their shape throughout and readily transmit gaseous and              
          liquid fluids therethrough and away from the crib in an                     
          unrestricted manner.  Consistent with the underlying                        
          specification (page 13), we understand the claimed recitation               
          of "a foam material having low compressibility" to denote a                 
          foam material that is sufficiently firm so that the                         
          passageways maintain their shape and will not distort under                 
          the weight of an infant.4                                                   


               The patent to Spann is concerned with a foam mattress                  
          (Fig. 12) or a foam pad for use as a mattress cover and the                 

               At page 14 of the specification, the preferred foam material is4                                                                     
          described as a polyethylene foam marketed under the trade name ETHAFOAMŪ.   
                                          6                                           





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