Ex Parte Butler - Page 10




          Appeal No. 2003-1439                                                        
          Application No. 09/896,112                                                  
          the garment (column 2, lines 6-14) to cool the wearer in heated             
          environments.                                                               
               Accordingly, it would have been obvious to one of ordinary             
          skill in the art at the time the invention was made to secure the           
          ice pockets to the center and side panels of the apparatus to               
          provide cooling in those areas.                                             
               As for claim 15, De Rosa teaches that ice pockets may be sewn          
          into the garment (column 1, lines 49-50).  Accordingly, it would            
          have been obvious to one of ordinary skill in the art at the time           
          the invention was made to sew the ice pockets to the main panel.            
               As for claims 16, 17, and 18,  Buckley discloses VelcroŽ               
          straps (claim 18) which are secured to each side section  (column           
          5, lines 25-38) (claim 16).  De Rosa teaches that the straps may            
          also be VelcroŽ and be two piece securable to each other (claim             
          17) and removable by pulling apart  (column 2, lines 50-61).                
               It would have been obvious to one of ordinary skill in the             
          art at the time the invention was made to substitute the two-part           
          velcro strips for the straps of Buckley in order to ease                    
          attachment of the device in the manner illustrated by DeRosa.               
          It would also have been obvious to one of ordinary skill in the             
          art to choose the hook and loop fastener for ease of attachment of          
          the device.                                                                 


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