Ex Parte AMMANN JR. - Page 5



          Appeal No. 2001-2512                                                        
          Application No. 09/248,742                                                  

          We will not sustain this rejection for the same reasons as stated           
          above in connection with the rejection of claims 8 over Batie and           
          Fanslau.                                                                    
               We turn next to the examiner’s rejection of claims 16 and 19           
          as being unpatentable over Batie in view of Bradbury.  The examiner         
          finds that Batie discloses essentially the invention as claimed             
          except the use of a storage means connected to a back support               
          frame.1  Bradbury is relied on for disclosing a storage means               
          connected to a back support frame.  The examiner concludes:                 
               It would have been obvious to one of ordinary skill in                 
               the art at the time of the invention to modify the chair               
               of Batie et al., with the storage means and shoulder                   
               strap means and the connecting means of Bradbury, in                   
               order to provide more stability, storage space and better              
               transport of the chair. [answer at page 5]                             
               Appellant argues that it would not have been obvious to                
          combine the teachings of Batie and Bradbury because Batie discloses         
          a three frame folding chair and Bradbury discloses a lawn chair and         
          it would not be obvious to transfer the structures of one chair             
          type to the other.  Specifically, the appellant argues that were a          
          backpack placed on the back of the Batie chair, the chair would             


               1  The examiner also found that Batie does not disclose                
          means for removably connecting the support frames, shoulder strap           
          means and connecting means.                                                 
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