Ex parte BURSTEIN - Page 12




          Appeal No. 96-4137                                                          
          Application 08/260,674                                                      


          predicated upon the art against a definite claim.                           
                    We now address the rejection of claims 2, 3, 4, 13                
          and 14 under 35 U.S.C. § 103 as unpatentable over Turner and                
          Quinton and further in view of Bougher.  The examiner stated:               
                    Turner lacks a safety restraint system.                           
                    Bougher teaches a child seat with a safety                        
                    restraint system...  It would have been                           
                    obvious to provide the safety restraint                           
                    system disclosed by Bougher for the child                         
                    seat of Turner since Bougher’s safety                             
                    restraint system is provided to hold a                            
                    child secure and since the safety restraint                       
                    system with two shoulder straps as                                
                    disclosed by Bougher is known to those                            
                    skilled in the art to limit relative                              
                    lateral movement of an occupant as well as                        
                    forward movement. [Examiner’s Answer pages                        
                    6-7]                                                              
                    We agree with the analysis of the examiner, and thus              
          we will sustain this rejection as it relates to claim 2.  We                
          will also sustain this rejection as to claim 13 because                     
          appellant has not argued the separate patentability of claim                
          13.  See In re Nielson, 816 F.2d at 1572, 2 USPQ2d at 1528.                 
                    Appellant argues that there is no suggestion to                   
          combine the safety strap taught by Bougher with the lumbar                  
          support taught by Quinton.  We do not agree.  As stated above,              
          we find ample suggestion for including the lumbar support of                

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