Ex parte LIPSON et al. - Page 7




          Appeal No. 97-1438                                                          
          Application 08/339,142                                                      


          slidable adjustment relative to an end cross member 11 of the               
          main frame B.                                                               


               In our opinion, the portable limb support device of                    
          appellants’ claim 1 would not have been obvious based upon the              
          combined teachings of Lipson and Barnes.  The evidence of                   
          obviousness simply does not provide a suggestion for the                    
          claimed portable limb support device comprising two plastic-                
          fabricated halves connected directly to one another by a                    
          notched load bearing cam surface and cam follower arrangement,              
          allowing repositioning of the upper half and locking thereof                
          in at least one of an inclined, declined, and leveled                       
          position.  At best, the Barnes document would have been                     
          suggestive of the addition of a head supporting frame C for                 
          use with the arm or leg support of Lipson. As to the Simmons                
          (strap 28), Lechner (cushion 70), and Meals (blanket support                
          frame 18) references, we find that these documents do not                   
          overcome the noted deficiency of the Lipson patent, in                      
          particular.  Since the evidence proffered by the examiner does              
          not support a conclusion of obviousness, the respective                     
          rejections of the claims on appeal must be reversed.                        
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