Ex Parte SPINKS et al - Page 4




              Appeal No. 2003-0683                                                                 Page 4                
              Application No. 09/319,680                                                                                 


              52 USPQ2d 1303, 1305-06 (Fed. Cir. 1999); Atlas Powder Co. v. Ireco Inc., 190 F.3d                         
              1342, 1347, 51 USPQ2d 1943, 1946-47 (Fed. Cir. 1999).                                                      


                     Claims 1 and 8, the independent claims on appeal, read as follows:                                  
                     1.     A spring unit (2) for incorporation into a mattress, said mattress having a                  
                     first surface and a second surface, and said spring unit comprising a first spring                  
                     (4) having a first end and a second end, and a second spring (6) having a first                     
                     end and a second end, said second spring being located within said first spring                     
                     (4) and having no connection to said first spring (4) so as to be freely movable                    
                     within said first spring (4) from the first end of said first spring to the second end,             
                     wherein in a first position of the mattress the first end of the second spring (6) is               
                     adjacent the first end of the first spring (4) and the first surface of the mattress,               
                     and in a second, reversed position of the mattress, the first end of the second                     
                     spring is adjacent the second end of the first spring (4) and the second surface                    
                     of the mattress.                                                                                    
                     8.     A bed, divan, mattress or other upholstery unit incorporating a plurality of                 
                     spring units each comprising a first pocketted spring (A) having two ends and a                     
                     second pocketted spring (B) located within said first pocketted spring (A),                         
                     wherein said second pocketted spring (B) has no connection to said first                            
                     pocketted spring (A) so as to be freely movable within said first pocketted spring                  
                     from one end of said first spring to the other end.                                                 


                     Fischmann's invention relates to cushions of the type in which springs are used                     
              as a resilient foundation and is particularly applicable for use with automobiles,                         
              ambulances and the like, having for its object to provide means whereby the abnormal                       
              shock due to sudden compression of the cushion will be absorbed, thereby preventing                        
              the total collapse of the cushion and the consequent shock to a person who may be                          
              seated thereon.  Fischmann's invention consists essentially of the construction and                        







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