Ex parte IVE - Page 12

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

               Regarding claim 8 on appeal, the examiner has taken the                
          position that the teachings of Kelly would have made it                     
          obvious to one of ordinary skill in the art at the time of                  
          appellant's invention to provide anchoring straps to Ledesma's              
          cushion in order to securely hold the cushion on top of the                 
          operating table (12).  Appellant argues (brief, pages 16 and                
          17) that there would be no reason to modify Ledesma as                      
          suggested since first, Kelly's anchoring structure is merely                
          looped around, but not secured to the support structure as                  
          required in claim 8.  Secondly, appellant argues, there would               
          be little motivation to anchor a surgical pad like that of                  
          Ledesma to a support structure since the patient is                         
          unconscious and in all likelihood is an adult and therefore,                
          the danger of the cushion sliding is minimal.  We agree with                
          the examiner for the following reasons.  First, we consider                 
          Kelly's anchoring structure (16-19) which is looped around the              
          support structure to be, by its broad definition, "secured" to              
          both the crib structure and the support structure since once                
          the loop is tightened, it holds the structure to which it is                
          affixed (the crib) in place without sliding (see col. 2, lines              
          8-16).  Unpatented claims should be given the broadest                      

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