Ex Parte Wulforst et al - Page 2



           Appeal No. 2006-1922                                              Παγε 2                             
           Application No. 10/207,519                                                                           

                                         BACKGROUND                                                             
                The appellant's invention relates to an odor-absorbing                                          
           animal bed (specification, page 1).                                                                  
           Claim 1 is representative of the invention, and is reproduced as                                     
           follows:                                                                                             
                      An animal bed encasing for enclosing a cushioning core,                                   
                the encasing comprising:                                                                        
                a face textile with an exterior surface and an interior                                         
           surface wherein the face textile is selected from the                                                
           group        consisting of a woven textile material, a knitted                                       
           textile          material and nonwoven textile material; and                                         
           an odor receiving layer disposed on the interior surface of                                          
           the face textile, wherein the odor receiving layer                                                   
           comprises       of plurality of odor receiving particles selected                                    
           from the         group consisting of activated carbon and                                            
           activated charcoal        held in place by a bonding adhesive and                                    
           wherein at least a         portion of the odor receiving                                             
           particles are disposed in            contacting relation with the                                    
           interior surface.                                                                                    
                The prior art references of record relied upon by the                                           
           examiner in rejecting the appealed claims are:                                                       
           Kostial    2002/0108578A1   Aug. 15, 2002                                                            
                                 (filed Feb. 14, 2001)                                                          
           Pearson et al. (Pearson) 3,783,085    Jan.  1  1974                                                  
                Claims 1, 2, 15, 17-20 and 23-25 stand rejected under 35                                        
           U.S.C. § 103(a) as being unpatentable over Kostial in view of                                        
           Pearson.                                                                                             














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