Ex Parte Levi - Page 2




          Appeal No. 2003-0013                                                        
          Application No. 09/569,539                                                  


               A first zone of the spring provides a relatively low                   
               initial spring constant so that the springs are                        
               sufficiently stretched to provide the desired amount of                
               bounce or springiness to the seat when a person of                     
               relatively low weight such as a child is sitting on the                
               seat.  The second zone provides a relatively high initial              
               spring constant so that when a heavier person, or more                 
               than one person, sits on the seat the total elongation of              
               the spring is significantly less than it would be if the               
               entire spring had the spring constant of the first zone.               
               Accordingly, the springs provide a desired amount of                   
               stretch and springiness for a much wider range of weights              
               supported on the seat than a conventional spring having a              
               single spring constant.                                                
               A copy of the appealed claims appears in the appendix to               
          appellant’s main brief.                                                     
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Boudreau                 5,004,216                Apr.  2, 1991             
          Ayrolles                 5,564,987                Oct. 15, 1996             
               Claims 1-6 stand rejected under 35 U.S.C. § 103(a) as being            
          unpatentable over Ayrolles in view of Boudreau.                             
               Reference is made to appellant’s main and reply briefs (Paper          
          Nos. 13 and 15) and to the examiner’s answer (Paper No. 14) for the         
          respective positions of appellant and the examiner regarding the            
          merits of this rejection.                                                   
                                      Discussion                                      
               Ayrolles, the examiner’s primary reference, discloses a                
          swinging seat with resilient suspension comprising a seat 6 for             

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