Ex Parte Newton - Page 14


                Appeal 2006-3343                                                                             
                Application 10/372,564                                                                       
           1          III.  The Rejection of Claims 15-20 Under 35 USC §103(a) as                            
           2    Obvious over Chamberlain, Denesuk, and Albin.                                                
           3          No separate argument relating to the merits of this rejection has been                 
           4    made in the Appellant’s Brief.   The Examiner rejected these claims for                      
           5    substantially the same reasons as claims 1-14, and the Appellant has failed to               
           6    show error in that rejection.                                                                
           7          Accordingly, we affirm this rejection for the reasons stated above.                    
           8                             CONCLUSION OF LAW                                                   
           9          On the record before us, the Appellant has not shown error on the part                 
          10    of the Examiner.  It would have been obvious to one of ordinary skill in the                 
          11    art at the time the invention was made to utilize an interfacing fabric,                     
          12    including a non-stretchy polyester material such as described in Denesuk in                  
          13    the fitted sheet of Chamberlain.                                                             
          14                                    DECISION                                                     
          15          The Rejection of Claims 1-9 and 11-14 Under 35 USC §103(a) as                          
          16    being unpatentable over Chamberlain in view of Denesuk is AFFIRMED.                          
          17          The Rejection of Claim 10 under 35 U.S.C. §103(a) as being                             
          18    Unpatentable over Chamberlain, Denesuk, and Albin is AFFIRMED.                               
          19          The Rejection of Claims 15-20 Under 35 USC §103(a) as Obvious                          
          20    over Chamberlain, Denesuk, and Albin is AFFIRMED.                                            
          21          No time period for taking any subsequent action in connection with                     
          22    this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).                        
          23                                                                                                 
          24                                    AFFIRMED                                                     
          25                                                                                                 


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