Ex parte HOLMQUIST - Page 2




          Appeal No. 95-3943                                                         
          Application 08/050,318                                                     


                                 DECISION ON APPEAL                                  
               This is a decision on an appeal from the examiner's refusal           
          to allow claims 4, 5 and 7 , which are all of the claims pending2                                                
          in the application.                                                        
               The subject matter on appeal is directed to a vertically              
          adjustable desk.  Claim 4 is exemplary of the invention and reads          
          as follows :3                                                                
               4.  A vertically adjustable desk which comprises:                     
                    a support stand,                                                 
                    a desktop which includes an underbody,                           
                    first and second linkage means connected between said            
          support stand and said underbody for vertically adjustably                 
          positioning said desktop in a generally horizontal orientation             
          above said lower stand, each of said first and second linkage              
          means comprising two parallel links, and                                   
                    first and second gas spring means connected between              
          said first linkage means and said underbody and between said               
          second linkage means and said underbody, respectively, for                 




               Amendments to claims 4 and 7 were requested in a separate paper2                                                                    
          accompanying the reply brief on January 30, 1995 (Paper No. 18) in response
          to the examiner's new ground of rejection set forth in the examiner's answer
          (Paper No. 17).  Although entry of this amendment was not specifically     
          approved by the examiner in the subsequent responses, approval can be inferred
          from the examiner's statement in the response dated March 1, 1995 (Paper No.
          19) that the reply brief "has been entered and considered" since the reply 
          brief notes the amendment of the claims and directs the arguments to the   
          amended claims.                                                            
               As amended January 30, 1995 (Paper No. 18)3                                                                    
                                          2                                          





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