Ex Parte Walker - Page 3

            Appeal 2007-1883                                                                                  
            Application 10/469,203                                                                            

        1   includes claim 31, which is objected to rather than rejected, in this group in the                
        2   Answer.                                                                                           
        3          Claims 34-36 stand rejected under 35 U.S.C. § 103 as unpatentable over                     
        4   Gorenschek in view of Gonzales.                                                                   
        5          Claim 38 stands rejected under 35 U.S.C. § 103 as unpatentable over                        
        6   Horton.                                                                                           
        7                                         ISSUES                                                      
        8          The issues for our decision in this appeal are:                                            
        9                the rejection of claims 37 and 38 under the first and second paragraph               
       10          of 35 U.S.C. § 112;                                                                        
       11                the anticipation rejections based on either of the reference disclosures             
       12          of Gorenschek and Horton; and                                                              
       13                the obviousness rejections based on the combined teachings of the                    
       14          prior art.                                                                                 
       15                                  FINDINGS OF FACT                                                   
       16          Gorenschek discloses a saddle for a horse or the like.  The saddle is                      
       17   composed of left and right bar members 34, seat member 25, with cutout 26, and                    
       18   pommel-like means 14.  The seat member of Gorenschek has a bridge in the                          
       19   medial portion formed by the seat cutout 26 and the pommel cutaway portion 13.                    
       20   Neither the pommel-like means 14 or the bridge formed by the seat cutout and                      
       21   pommel cutaway portion are disclosed as adjustable.                                               
       22          Horton discloses a saddle composed of bars, a, connected by arches b and bī.               
       23   The front arch b is connected via hinge joints c to the bars a, allowing a swiveling              
       24   movement.  (Horton p. 1, ll. 38, 39).  The rear arch b′ is attached to the side bars, a,          
       25   by means of a socket d in which the extremity of bar b′ fits and is secured therein               
       26   by a set screw e.  The rear bridge thus can be adjusted by means of washers e′                    

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