Ex parte HARPER et al. - Page 6




          Appeal No. 97-2562                                         Page 6           
          Application No. 08/492,241                                                  


          member 14).  In fact, Zawadzki discloses that his motor 18 is               
          mounted on the base member or portion (i.e., the transverse bar             
          member 17 which is part of the base member 12).  Since all the              
          limitations of claims 20 to 22, 25 to 28, 30, 32 and 37 to 40 are           
          not disclosed by Zawadzki, the decision of the examiner to reject           
          those claims under 35 U.S.C. § 102(b) is reversed.                          


          Anticipation based on Adachi                                                
               Adachi discloses an electronic cradle.  As shown in Figures            
          1-2, the cradle includes (1) a base 1; (2) a cradle body 3; and             
          (3) a motor 5 mounted in a frame 6 on the base 1 coupled by a               
          linkage to transmit a rocking force to the body 3.                          


               We agree with the appellants that Adachi does not disclose             
          each and element of claims 20 to 25, 29, 30, 32 to 35 and 37 to             
          40.  Specifically, Adachi does not disclose his motor 5 being               
          mounted on the infant support member or portion (i.e., body 3).             
          In fact, Adachi discloses that his motor 5 is mounted on the base           
          member or portion (i.e., base 1).  Since all the limitations of             
          claims 20 to 25, 29, 30, 32 to 35 and 37 to 40 are not disclosed            
          by Adachi, the decision of the examiner to reject those claims              
          under 35 U.S.C. § 102(b) is reversed.                                       







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