Appeal No. 96-1873
Application 08/062,274
Accordingly, the seats in these references do not have a position
or location in which they preclude a child from standing on the
step. We find no basis in these references for the examiner's
argument that the height of the Fiore seat would preclude a child
from standing on the floor, or that the positioning of Manuszak's
seat “prevents the seated child of the correct size from standing
on the floor” (answer, page 4). Moreover, even assuming that a
child seated in the seat of either Fiore or Manuszak could not
get out of the seat to stand on the floor (step), the seats would
still not be disposed, located or positioned so as to preclude
(another) child from standing on the step, as called for by the
claims.
Accordingly, the claims are not anticipated by Nanna, Fiore
or Manuszak.
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