Ex parte IVE - Page 11

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

          note that Ledesma does not design his pad to be age-specific                
          and therefore, it is likely that it would be used for a small               
          child as well as adults.  In such a case, a transverse strap                
          would be an effective addition to the cushion for providing                 
          restraint of the user.  Contrary to appellant’s assertions, we              
          consider that it would have been well within the ordinary                   
          skill of one in the art and therefore obvious to position the               
          strap in a location that does not impede the surgical process.              
          Furthermore, appellant's claim 1 does not recite specific                   
          parameters for the positioning of the infant.  In the final                 
          analysis, it is our opinion that the examiner has established               
          a prima facie case of obviousness in the rejection of claim 1               
          as being obvious over Ledesma in view of Deck.  We therefore                
          affirm the examiner's rejection of claim 1.  Since claims 2,                
          3, 5 through 7 and 10 are grouped with claim 1 and therefore                
          fall with claim 1, we affirm the examiner's rejection of those              
          claims also.                                                                


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