Ex Parte Matthews Brown - Page 2



          Appeal No. 2005-0296                                                        
          Application No. 09/802,097                                                  

          opposing arms that form a generally open well, and wherein the              
          mat extends across the open well and beyond the arms; and                   
               at least one bar that is positionable over the pillow, with            
          the attachment mechanism coupling the pillow to the bar such that           
          when a child lies on the pillow body and the mat in a face-up               
          orientation, the child’s head is firmly supported by the pillow             
          body while permitting access to any toys suspended from the bar.            
                                    THE PRIOR ART                                     
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Clute                       5,193,238               Mar. 16, 1993           
          Matthews                    5,546,620               Aug. 20, 1996           
          O’Neill et al.                                                              
          (O’Neill)                   5,930,854               Aug. 03, 1999           
                                   THE REJECTIONS                                     
               Claims 1 through 3, 5 through 9, 11, 12, 15 through 17 and             
          22 stand rejected under 35 U.S.C. § 103(a) as being unpatentable            
          over Matthews in view of O’Neill.                                           
               Claims 10 and 18 through 21 stand rejected under 35 U.S.C.             
          § 103(a) as being unpatentable over Matthews in view of O’Neill             
          and Clute.                                                                  
               Attention is directed to the main and reply briefs (Paper              
          Nos. 17 and 20) and the final rejection and answer (Paper Nos. 14           
          and 19) for the respective positions of the appellant and the               
          examiner regarding the merits of these rejections.1                         
          1                                                                           
          1 Although the examiner’s statement of the second rejection                 
          refers to claim 22, the accompanying explanation of the rejection           
          indicates that the inclusion of claim 22 was inadvertent.                   
                                          2                                           




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