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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007