Appeal No. 98-2136
Application No. 08/497,634
with the representation being of a habitat (i.e.
- a tree; see Stocker, Jr. et al., col. 2, line
63-col. 3, line 29) for the animal wherein the
opening for the pocket is within the pictorial
representation. However, Stocker, Jr. et al.
does not specifically disclose the pictorial
representation as being over at least a portion
of the pocket or the opening of the pocket as
being coincident with the opening of the
interior space. The specific orientation of the
pictorial representation and the content of the
pictorial representation itself is a matter of
design choice for aesthetic purposes.
Accordingly, it would have been obvious to one
having ordinary skill in the art at the time the
invention was made to modify the garment of
Stocker, Jr. et al. to place the pictorial
representation on the pocket for aesthetic
purposes to achieve a desired aesthetic effect.
After fully considering the record in light of the
arguments presented in the appellant’s brief and the
examiner’s answer, we conclude that the claims on appeal are
patentable over Stocker.
In the portion of Stocker referred to by the examiner,
supra, it is disclosed that the garment (shirt) 10 may have a
tree branch printed on it, and the toy 12 "positioned in the
pocket 11 to make it appear that the toy, which may be a koala
bear, is nested on the tree branch" (col. 3, lines 2 to 4).
The examiner further refers to col. 1, lines 39 to 48, wherein
3
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007