Ex Parte Butler - Page 9




          Appeal No. 2003-1439                                                        
          Application No. 09/896,112                                                  
          down the horse’s sides from opposite sides of the center section;           
          a strap 29 which secures the main panel to the horse, and a                 
          plurality of cooling conduits for cooling selected portions of the          
          horse. (Figure 6, reference numeral 30).                                    
               De Rosa teaches a cooling garment to alleviate physiological           
          strain due to heat stress (abstract).  A plurality of water-filled          
          pockets are frozen and secured inside the garment (column 2, lines          
          6-14) to cool the wearer.  De Rosa teaches that ice can be used in          
          place of cold water cooling garments (column 1, lines 29-31 to              
          avoid a rupture which renders the whole garment unusable.                   
               Accordingly, it would have been obvious to one of ordinary             
          skill in the art at the time the invention was made to substitute           
          the plurality of ice bags of De Rosa for the cooling apparatus of           
          Buckley to avoid failures and high cost.                                    
               As for claim 13, Buckley discloses a main panel 19 sized to            
          fit over a horse’s back and sides, having side sections extending           
          down the horse’s sides from opposite sides of the center section;           
          and a plurality of cooling conduits for cooling selected portions           
          of the horse including the back and sides. (Figure 6, reference             
          numeral 30).                                                                
               As for claim 14, De Rosa teaches a cooling garment to                  
          alleviate physiological strain due to heat stress (abstract).  A            
          plurality of water-filled pockets are frozen and secured inside             

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