Appeal No. 98-2136
Application No. 08/497,634
This is an appeal from the final rejection of claims 2 to
6 and 25, all the claims remaining in the application.
Appellant’s invention concerns a garment having a pocket,
and a toy animal insertable into the pocket. A pictorial
representation of a habitat on the garment is so related to
the pocket that the opening in the pocket coincides with a
representation of an opening into a habitat element (e.g., a
hollow stump) into which the toy animal (e.g., a squirrel) may
be placed. The claims on appeal are reproduced in the
appendix to appellant’s brief.
The reference applied in the final rejection is:
Stocker et al. (Stocker) 5,210,881 May
18, 1993
Claims 2 to 6 and 25 stand finally rejected under 35
U.S.C. § 103 as unpatentable over Stocker.
The basis of the rejection of claim 25, the only
independent claim on appeal, is stated on page 3 of the
examiner’s answer as:
Stocker, Jr. et al. discloses, in
combination, at least one toy animal (12) and a
garment (10) having a pocket (11) with an
opening into the pocket (11) and a pictorial
presentation (30) applied to the garment (10)
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