Appeal No. 1998-1610
Application No. 08/551,319
to said bottom" in Figure 16A.
We do not agree. Spann describes the embodiment shown in
Figure 16A as having voids that extend entirely through the
pad.
However, as shown in Figure 16A, the voids or apertures 43
extend
only in the areas between the promontorys. Thus, the voids in
Figure 16A do not have sides that extend from the tops of the
promontorys (which form the top of the pad) to the bottom of
the pad as required by claim 1. Figure 16A also fails to show
that the voids are substantially planar and four-sided and
that each side is perpendicular to the top and bottom of the
pad.
As to argument (2), the examiner has acknowledged
(answer, sentence bridging pages 3 and 4) that Spann fails to
expressly disclose passageway sides formed from a foam
material having low compressibility whereby the sides retain
their shape throughout under the compressive weight of an
infant. However, the examiner contends that "Spann appears to
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