Ex Parte DOWNING - Page 2




          Appeal No. 2001-2338                                                        
          Application 08/996,360                                                      


          More particularly, appellant is specifically concerned with the             
          problem of persons sitting in this type of outdoor seating in               
          short sleeve shirts and facing the risk of the person’s bare arms           
          directly contacting the sun-heated armrests of such stadium                 
          seats.  To overcome this problem, appellant has devised a                   
          portable cushioning and protection apparatus for the seat                   
          armrests (e.g., Fig. 2) which can be easily installed on and                
          removed from the armrests and easily transported to and from the            
          outdoor stadium by the user.  Also of importance to appellant is            
          the possibility of the outer surface of the cushioning and                  
          protection apparatus having indicia thereon, such as a team name            
          or logo.  Independent claims 23, 28, 33 and 36 are representative           
          of the subject matter on appeal and a copy of those claims may be           
          found in the Appendix to appellant’s brief.                                 


          The prior art references relied upon by the examiner in                     
          rejecting the appealed claims are:                                          
          Zapf                     4,285,544           Aug. 25, 1981                  
          Geraci                   4,925,241           May  15, 1990                  
          Coates                   5,332,288           Jul. 26, 1994                  
          Lofy                     5,429,416           Jul.  4, 1995                  





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