Ex parte RITCHEY - Page 2




          Appeal No. 99-0179                                                          
          Application 08/612,385                                                      


               The invention relates to “a stuffed toy having a sealable              
          opening that facilitates the addition and removal of stuffing               
          material” (specification, page 1).  Claim 1 is illustrative                 
          and reads as follows:                                                       
               1.   An apparatus for holding a quantity of stuffing                   
          material, said apparatus comprising:                                        
               a pliable shell having a perimeter and an interior cavity              
          formed therein;                                                             
               a seam partially formed around said perimeter of said                  
          shell and displaced from said perimeter, said seam having                   
          first and second ends configured to define an opening formed                
          within said shell, said opening providing access to said                    
          interior cavity; and                                                        
               means for releasably sealing said opening, said means for              
          sealing being coupled to said shell proximate said opening;                 
          wherein                                                                     
               said first and second seam ends have an increased                      
          displacement from said perimeter at said opening.                           
               The references relied upon by the examiner as evidence of              
          anticipation and obviousness are:                                           
          Schradermeier            2,591,379                Apr.  1, 1952             
          Gullace                  4,950,194                Aug. 21, 1990             
               Claims 1 through 8 and 10 through 13 stand rejected under              
          35 U.S.C. § 102(b) as being anticipated by, and in the                      
          alternative under 35 U.S.C. § 103(a) as being obvious over,                 
          Schradermeier.                                                              
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