Appeal No. 2002-0421
Application No. 09/264,294
The pacifier is preferably fabricated from a
molded polymeric material, preferably
containing silicone, and defines at least one
tab on the side of the annular flange
opposite the nipple. (Underlining added for
emphasis)
Thus, the molded pacifier defines the tab, i.e., the tab is a
molded part of the pacifier. The pacifier is of the type which
is molded to have not only a nipple portion but also an annular
ring (specification, page 3). On the basis of the above, it is
apparent to us that one skilled in the art would appreciate from
appellant's original disclosure that the pacifier is molded in
"one-piece" defining the nipple, the annular flange, and at least
one tab, as set forth in claim 5. For the above reasons, the
rejection of claim 5 under 35 U.S.C. § 112, first paragraph,
cannot be sustained.
The 35 U.S.C. § 103(a) issue
We cannot sustain the obviousness rejection of appellant's
claims.
Claim 1 addresses an infant's toy and pacifier comprising,
inter alia, a stuffed toy, a pacifier molded from a polymeric
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