Ex parte BARNETT et al. - Page 6




          Appeal No. 96-2455                                                          
          Application 08/223,323                                                      



          or suggest an "adhesive means" like that set forth in the                   
          claims before us on appeal.  In contrast with the examiner's                
          position, it is apparent from the translation of the Gemy                   
          reference that there   is nothing therein which provides any                
          teaching, suggestion or incentive regarding an adhesive means               
          to facilitate anchoring a cover means to a chair, as the                    
          examiner seems to have believed.  Instead, Gemy discloses a                 
          protective device for a vehicle seat wherein a fabric cover                 
          (2), such as velour, is attached peripherally to a smooth,                  
          slippery surface element (1), such as plastic,                              
          by stitching as seen in Figure 1.  Ties (3, 4) are used to                  
          secure                                                                      
          the protective device to the seat.  No adhesive is used or                  
          disclosed in Gemy.  Thus, the examiner's position with regard               
          to claims 1 through 7, 9 through 12, 18 through 21 and 24 is                
          totally without factual support in the applied references and               
          must there- fore be reversed.                                               


                    As for the examiner's rejection of claim 8 under                  
          35 U.S.C. § 103 as being unpatentable over Schenz, Nail, Gemy               

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