Ex Parte COLE - Page 4




                     Appeal No. 2002-1549                                                                                                               Page 4                            
                     Application No. 09/315,101                                                                                                                                           


                                Independent claim 1 sets forth the invention in the following manner:                                                                                     
                                1. A table mountable on an uneven surface, said table comprising:                                                                                         
                                (I)        a table top;                                                                                                                                   
                                (ii)       at least one adjustable leg, said leg having one end pivotally                                                                                 
                                           attached to said table top and a second end resting on said uneven                                                                             
                                           surface;                                                                                                                                       
                                (iii)      an adjuster for independently adjusting each adjustable leg, said                                                                              
                                           adjuster being pivotally attached to said table top and said                                                                                   
                                           adjustable leg; wherein                                                                                                                        
                                (iv)       said adjuster can be varied to adjust the angle between said                                                                                   
                                           adjustable leg and said table top thereby varying the height and                                                                               
                                           angle of said table top such that said table can be leveled on said                                                                            
                                           uneven surface.                                                                                                                                
                                Grover is directed to a support structure for a game table, such as a pool table,                                                                         
                     which (1) allows the table top to be folded to a storage position and (2) to be leveled in                                                                           
                     a playing position “to accommodate irregularities in the floor upon which the table is                                                                               
                     supported” (column 2, lines 9-13; Figure 2).  On page 3 of the Answer, the examiner                                                                                  
                     states that each of Grover’s “leg assemblies 16” comprises an adjustable leg and an                                                                                  
                     adjuster in accordance with the requirements of claim 1.  We do not agree.                                                                                           
                                Each of the leg assemblies 16 comprises a “leg 36" (column 2, line 66; Figure 6),                                                                         
                     a cross support member 18 secured to the underside of the table top and pivotally                                                                                    
                     attached to the leg 36 by means of a hinge 22 and a link 30, a caster support 40, and a                                                                              
                     second hinge 38 which attaches leg 36 to caster support 40 (Figures 5 and 6).  The                                                                                   
                     table top is stabilized and leveled in the playing position by four braces 70, each of                                                                               







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