Appeal No. 1999-2364
Application No. 08/562,816
Rejection (5)
This rejection will not be sustained as to claim 8 for
the same reason as stated in the previous paragraph concerning
rejection (3).
As for claim 12 , parent claim 11 requires, inter alia,4
that the top sheet have a width and length substantially the
same as the bottom sheet, and be connected to the bottom sheet
adjacent the bottom edge of the top sheet. In North, on the
other hand, the bottom sheet 1 is wider than the top sheet 2,
and the bottom edge of top sheet 2 is not connected to bottom
sheet 1. Thus, contrary to the examiner’s statement on page 4
of the final rejection, North does not disclose "all of the
appellant’s claimed limitations except for the second
releasable connection comprising a zipper."
Since there is no teaching or suggestion in Gershman
which would have motivated one of ordinary skill to modify the
North bed liner to meet the above-noted differences between
North and parent claim 11, rejection (5) of claim 12 will not
be sustained.
4Since claim 12 depends from claim 11, it is not clear
why claim 11 was not included in this rejection.
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