Ex parte NELSON et al. - Page 6




          Appeal No. 2001-0287                                       Page 6           
          Application No. 09/107,056                                                  


          which would have suggested the arbitrary picking and choosing               
          of elements from each necessary to arrive at the claimed                    
          invention.                                                                  
               Cullinan, the third reference relied upon by the examiner              
          in rejecting claim 10, discloses a platform pivotably attached              
          to the door of a computer enclosure with what appears to be a               
          fixed pivot point and a brace means 60 comprising two                       
          collapsible braces.  We find nothing in the teachings of                    
          Cullinan which overcomes the deficiencies in the combination                
          of Frank and Swanson discussed above.  Accordingly, we shall                
          not sustain the examiner’s rejection of claim 10 or of claims               
          11 and 13-17 which depend from claim 10.                                    
               Mulvaney also provides no cure for the deficiencies of                 
          Frank in view of Swanson and Cullinan discussed above.                      
          Therefore, we shall not sustain the examiner’s rejection of                 
          claim 12, which depends from claim 10, or of independent claim              
          19, which includes all of the limitations of claim 10                       
          discussed above, with the exception that the slot of claim 19               
          is recited as having a straight section rather than an                      
          elongate section.                                                           









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