Ex parte JAMES ZAGUROLI, JR. - Page 6

          Appeal No. 97-0750                                                          
          Application 08/329,219                                                      

          was first raised in the final rejection (Paper No. 4) in a                  
          slightly different form (i.e., as relating to new matter), but              
          has nonetheless been specifically responded to in appellant's               
          brief at page 5, where appellant presents arguments to support              
          the proposition that the original disclosure was adequate to                
          support claim 6.  Thus, the mere fact that the examiner has now             
          denominated this rejection as a "NEW GROUND" of rejection in the            

          answer did not, in our view, compel appellant to respond by way             
          of a reply brief, when such issue had already been treated in               
          the brief.  In reviewing this rejection, we have considered the             
          originally-filed disclosure of appellant's application from the             
          perspective of one of ordinary skill in the art.  With such                 
          perspective, we must agree with appellant (brief, page 5) that              
          the artisan, considering Figures 1 and 2 of the application and             
          the fact that the invention therein is specifically indicated to            
          be an improvement over U.S. Patent No. 5,299,906, would have                
          understood that the scissors linkage members (20, 22) are                   
          pivotally connected to the platform (12) and base (16) at one end           
          only, as clearly evident from Figures 1 and 2, and that the                 
          opposite end of each of the link members is supported by a roller           
          (as in U.S. Patent No. 5,299,906 and as depicted by phantom                 

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