Ex parte KOCIVAR - Page 5




          Appeal No. 1999-2365                                                        
          Application 08/569,999                                                      



                    or to provide additional warmth for a user                        
                    as desired (see Prandina, column 1, lines                         
                    15-26 and column 2, lines 24-26).                                 
          After fully considering the record in light of the arguments                
          presented in appellant's brief and reply brief, and in the                  
          examiner's answer, we conclude that this rejection is not well              
          taken, for a number of reasons.                                             
                    First, the device disclosed by Buchman, while called              
          "a blanket-like wrap" (col. 1, line 5), is more in the nature               
          of a garment, i.e., a "comforter-robe" (col. 1, lines 8, 30,                
          33, etc.).  On the other hand, the Prandina reference concerns              
          a blanket assembly to be used on a bed (col. 1, line 7),                    
          whereby two blankets can be joined together at their sides to               
          fit a wider bed, and/or can be attached together in a double                
          layer.  Given this disparity between the types of devices                   
          disclosed by these two references, we do not consider that one              
          of ordinary skill would derive from Prandina a suggestion to                
          modify the Buchman comforter-robe in the manner proposed by                 
          the examiner.                                                               
                    Second, even if Buchman and Prandina were combined,               
          we do not consider that the resulting structure would contain               

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