Appeal No. 98-2136
Application No. 08/497,634
that a toy koala bear in the pocket "is nested on the tree
branch" (col. 3, line 4), does not suggest the claimed
invention because a tree branch is not "a habitat element
which has an interior space," as claimed, and there is no
indication that a nest be printed on the pocket. Further 2
militating against any suggestion that a nest, hollow stump,
or other such habitat element with an interior space be
depicted on the pocket 12 of Stocker is the fact that the
pocket is constructed so that the appendages of the toy
protrude from slits in the sides of the pocket, which would
tend to destroy the appearance of the pocket as being a nest
or the like.
We do not regard Stocker’s disclosure concerning the
"hide and seek" aspect of his pocket and toy as being of
significance, as that would be true of any toy which is
insertable into and removable from a pocket.
Accordingly, the rejection will not be sustained.
2This assumes that koala bears have nests, which we
doubt.
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