Ex parte HOLMQUIST - Page 7




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


          connected to the surface 5 and to link 11 and frictionally held            
          in adjusted position via a "fixing device" (cam and spring                 
          clamping arrangement) depicted in Figures 4 and 5 (note pages 5            
          and 6 of the translation).                                                 
               Appealed claim 4 requires, in part,                                   
                    first and second gas spring means . . . for                      
                    assisting in vertical lifting of said desktop                    
                    . . . and for locking said desktop in                            
                    vertical position,                                               
          and appealed claim 7 requires, inter alia,                                 
                    first and second gas spring means for                            
                    assisting in vertical lifting of said desktop                    
                    . . . and for locking said desktop in a                          
                    vertical position above said support stand.                      
          The scissors linkages and "fixing device" of Pülz certainly                
          provide a means for locking the surface 5 in vertical positions,           
          but they do not and cannot assist in vertical lifting thereof              
          as required by the claims on appeal.                                       
               Furthermore, although the patent to Guglielmi discloses an            
          hydraulic cylinder for vertical adjustment of a desk or table              
          and the patent to Sema discloses a gas spring 16 for driving               
          and retaining support elements of a table or desk in vertically            






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