Appeal No. 1999-2364
Application No. 08/562,816
rather are located part of the way down the side of the top
sheet at fold line 13, leaving the upper end 14 of the top
sheet free to be folded back at line 13.
Although not argued by appellant, we note that North also
does not meet the requirement of claim 1 that there be "a
first connection between said top and bottom sheets along
substantially the entire length of said first side edge of
said top sheet," because the connection (seam 3) between
North’s top and bottom sheets is not along "substantially the
entire length" of a side edge of top sheet 2.
We therefore will not sustain rejection (1) of claim 1,
nor, it follows, of dependent claims 5 and 7.
Rejection (2)
With regard to claims 2, 3 and 10, the Schuetze and Hoss
references do not render obvious the above-noted differences
between parent claim 1 and North’s disclosure. Rejection (2)
therefore will not be sustained as to those claims.
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