Ex Parte Butler - Page 11




          Appeal No. 2003-1439                                                        
          Application No. 09/896,112                                                  
               IV.  The Rejection of Claim 5 Under 35 U.S.C. § 103 (a) over           
          Buckley in view of De Rosa and Puiello                                      
               Claim 5 is rejected under 35 U.S.C. § 103 (a) as being                 
          unpatentable over Buckley in view of De Rosa and Puiello.                   
               Buckley and De Rosa are as stated above. Buckley further               
          discloses VelcroŽ straps which are secured to each side section             
          (column 5, lines 25-38).  De Rosa teaches that the straps may also          
          be VelcroŽ and be two piece and removable by pulling apart                  
          (column 2, lines 50-61).  Puiello teaches Velcro fasteners for a            
          reflective harness being passed under a dog or other quadruped’s            
          belly (column 4, lines 15-18; see figure 4).                                
               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           
          VelcroŽ strips of Puiello and De Rosa for the straps of Buckley in          
          order to ease attachment of the device in the manner illustrated            
          by Puiello and De Rosa.                                                     
               V.  The Rejection of Claim 8 Under 35 U.S.C. §103 (a) over             
          Buckley in view of De Rosa and Brink and Thielemann                         
               Claim 8 is rejected under 35 U.S.C. § 103 (a) as being                 
          unpatentable over Buckley in view of De Rosa and Thielemann.                
               Buckley and De Rosa are as above.  Brink teaches that, for a           
          thermal therapeutic wrap, nylon, polyester or other suitable                
          porous material may be used for heat transfer and moisture wicking          

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