Ex parte IVE - Page 8




          Appeal No. 1999-1491                                                        
          Application No. 08/386,670                                                  


          under 35 U.S.C.  103(a) as being obvious over Ledesma in view              
          of Deck, we observe that Ledesma teaches a cushion or pad (10)              
          that is adapted to support a user on a support surface of a                 
          support structure (12).  As readily seen in Figure 1, the                   
          cushion of Ledesma includes pads (14, 16) which define a                    
          trough-shaped channel in the upper surface thereof, whereby                 
          the user may be supported therein.  The cushion of Ledesma                  
          also includes a casing (20) for receiving the pads (14, 16).                
          The only feature of appellant’s cushion defined in claim 1 on               
          appeal that is lacking in Ledesma is the restraining strap                  
          which extends transversely across the pad and releasably                    
          secures the user in the trough-shaped channel.  The examiner                
          has taken the position that it would have been obvious to one               
          of ordinary skill in the art at the time of appellant's                     
          invention to provide a restraining strap on Ledesma's cushion               
          which extends transversely across the cushion in view of Deck               
          who discloses a neonatal cradle (11) which includes a foam                  
          channel-shaped pad (19) which has a restraining strap                       
          including a pair of strap portions (26, 27) extending across                
          the channel.  The appellant has argued (brief, pages 12 and                 
          13) that a restraining strap would be cumulative to Ledesma's               
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