Ex parte BONUTTI - Page 2




          Appeal No. 96-4021                                                          
          Application 08/289,300                                                      



          McQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
                    This appeal is from the final rejection of claims 35              
          through 38, 40, 41, 44, 46, 48 and 52 through 58.  Claims 20, 22            
          through 25 and 27 through 34 stand allowed.  Claims 39, 42, 43,             
          45, 47, 49 through 51, 59 and 60, the only other claims pending             
          in the application, have been indicated as containing allowable             
          subject matter, but stand objected to as depending from a                   
          rejected base claim.                                                        
                    The subject matter on appeal relates to “an armrest               
          assembly for attachment to a chair” (specification, page 1).                
          Claim 44 is illustrative and reads as follows:                              
                    44.  An armrest assembly for use with a chair having a            
          seat, said armrest assembly comprising an armrest engageable with           
          a portion of an arm of a person sitting on the seat of the chair,           
          and a one-piece tubular support member having an upright lower              
          portion connected with the seat of the chair and an upper portion           
          which extends transversely to said lower portion, said one-piece            
          tubular support member being rotatable about a central axis of              
          said upright lower portion of said one-piece tubular support                
          member under the influence of force transmitted from the arm of a           
          person sitting on the seat of the chair to said armrest, said               
          upper portion of said one-piece tubular support member including            
          surface means for defining a slot in said upper portion of said             
          one-piece tubular support member, said armrest extending into               
          said slot to guide movement of said armrest along said upper                
          portion of said one-piece tubular support member under the                  
          influence of force transmitted from the arm of the person sitting           
          on the seat of the chair to said armrest.                                   

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