Appeal 2007-0548
Application 10/815,408
STATEMENT OF THE CASE
The subject invention is an “infant holder for circumcision and other
medical procedures that helps an infant lie in a natural, comfortable position
with legs flexed at the hips and knees and rotated at the hips, while still
allowing the doctor good access to the infant’s groin area.” (Specification
(hereafter “Spec.”) 1.)
The claimed subject matter is reflected in the following representative
claims:
1. An infant holder, comprising a body having a recess
therein configured to support an infant's torso and legs such
that the thighs extend out from the torso at an angle in the
range of 70°-120° and incline relative to the torso at an angle
in the range of 20°-50°.
5. The holder of Claim 1, wherein the recess comprises
a first recess configured to support the infant's torso and
second recesses adjoining the first recess, the second recesses
configured to support the infant's legs.
Claims 1-4 are rejected under 35 U.S.C. § 102(b) as anticipated by
Bowman, U.S. Patent No. 5,329,934 (issued July 19, 1994).
Claims 5-11 are rejected under 35 U.S.C. § 103(a) based on Bowman
and Powell, U.S. Patent No. 2,700,381 (issued Jan. 25, 1955).
DISCUSSION
The patentability of the claims in this case turns on the meaning of
“recess . . . configured to support an infant’s torso and legs such that the
thighs extend out from the torso” at a particular angle (claims 1-5), or
language drawn to that limitation (claims 6-11).
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