Ex parte GATES - Page 2




                 Appeal No. 2000-0863                                                                                     Page 2                        
                 Application No. 08/760,303                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a clothes hanger pad                                                                     
                 and a method of making clothes hanger pads.  A substantially                                                                           
                 correct copy of the claims under appeal is set forth in the                                                                            
                 appendix to the appellant's brief.                           1                                                                         


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Mino                                                  JP 5-293029         2                        Nov.  9,                            
                 1993                                                                                                                                   
                 Osaki et al. (Osaki)                         JP 6-205724         3                        July 26, 1994                                
                 In addition, the examiner also relied upon Official Notice                                                                             
                 that foams are well known to be covered with "dimensionally                                                                            
                 stable" materials to protect the foam from damage on the                                                                               
                 exposed surfaces (Official Notice).                                                                                                    






                          1In claim 22, line 4; "an other" should be --another--                                                                        
                 and in line 5, "outer" should be --one--.                                                                                              
                          2In determining the teachings of Mino, we will rely on                                                                        
                 the translation provided by the USPTO.  A copy of the                                                                                  
                 translation is attached for the appellant's convenience.                                                                               
                          3In determining the teachings of Osaki, we will rely on                                                                       
                 the translation provided by the USPTO.  A copy of the                                                                                  
                 translation is attached for the appellant's convenience.                                                                               







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