Ex Parte Brodeur - Page 7




         Appeal No. 2004-1089                                                       
         Application No. 09/770,302                                                 


         grouped claims 21 through 28 together for purposes of the appeal           
         (see page 4 in the brief), thereby allowing claims 22 through 28           
         to stand or fall with parent claim 21 in accordance with 37 CFR            
         § 1.192(c)(7).                                                             
         II. The 35 U.S.C. § 103(a) rejection of claims 29 through 32 and           
         35 through 40 as being unpatentable over Hagelfeldt in view of             
         Metzler                                                                    
              Independent claim 29 recites a collapsible cot requiring,             
         inter alia, the flexible sheet material of the side walls to be            
         “physical extensions” of the flexible sheet material attached to           
         the base frame.  Acknowledging that Hagelfeldt does not meet this          
         limitation, the examiner turns to Metzler.                                 
              Metzler discloses a sheet for use with beds having                    
         vertically adjustable guardrails along its sides.  The sheet 1             
         includes a central horizontal portion 2 for covering a mattress 9          
         and left and right pad sections 3 and 4 for draping over and               
         attaching to the guardrails 10.  According to Metzler, “[s]ince            
         the left and right pad sections are continuous with the bottom             
         horizontal sheet, the gap which normally occurs between the                
         mattress and the guardrail is eliminated, thus eliminating the             
         possibility that a patient’s limbs may become lodged between the           
         mattress and the guardrail or pads” (column 1, lines 53 through            
         58).                                                                       


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