Ex parte DORIUS et al. - Page 6




          Appeal No. 1999-1542                                                        
          Application No. 08/806,864                                                  

               Of the first group we take the broad claim 21 as                       
          representative, rather than the narrow claim 12 which has been              
          discussed by the Appellants in detail.  However, we find that               
          the arguments made in regard to claim 12 are equally applicable             
          to claim 21.                                                                
               In rejecting claim 21, the Examiner finds, answer at page              
          3, that “[h]owever, Yoneoka et al does not show the U-shaped                
          rail having a tapered cross rail, a center rail (common rail                
          that creates two U-shaped rails), and offset side rails from the            
          trailing edge that are shorter than the progressive-elevation               
          side rails.”  The Examiner then goes to Le Van to provide the               
          slider                                                                      
          of Yoneoka with the recited tapered cross rail, a center rail,              
          and the side rails.  Furthermore, the Examiner relies on Chhabra            
          to shorten the side rails of Yoneoka.  In light of Yoneoka’s                
          disclosure and the miscellaneous teachings of Le Van and Chhabra            
          (answer at pages 3, 4, and 5), the Examiner has made a detailed             
          effort to justify each of the modifications in alleging that                
          these changes would have been obvious to an artisan.  Appellants            
          challenge the findings of the Examiner.  For example, Appellants            
          contend that Le Van does not teach the proper sizing of side                

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