Ex Parte Gerstmar - Page 5

                Appeal 2007-0270                                                                              
                Application 10/434,712                                                                        

           1    Because the auxiliary collar is located near the top of the cushion a, the                    
           2    auxiliary cushion is not located vertically centrally between the upper and                   
           3    lower edges of the cushion a.  Accordingly, we agree with Appellant (Reply                    
           4    Br. 3) that the Examiner erred in finding that Flinsch anticipates claims 1-5                 
           5    and 7.                                                                                        
           6                                                                                                  
           7                             CONCLUSION OF LAW                                                    
           8          On the record before us, Appellant has shown that the Examiner has                      
           9    erred in holding that the teachings of Flinsch anticipate claims 1-5 and 7.  It               
          10    follows that we cannot sustain the rejection of these claims.                                 
          11                                                                                                  
          12                                     DECISION                                                     
          13          The Examiner's rejection of claims 1-5 and 7 is reversed.                               
          14                                                                                                  
          15                                    REVERSED                                                      
          16                                                                                                  
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          19    vsh                                                                                           
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          24                                                                                                  
          25    ROBERT D. VARITZ, P.C.                                                                        
          26    4915 SE 33RD PLACE                                                                            
          27    PORTLAND OR 97202                                                                             




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