Ex parte BURSTEIN - Page 13




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


          Quinton in the chair of Turner to obtain the advantages as                  
          taught by Quinton of promoting comfort and avoiding or                      
          alleviating backache.  In addition, in our view, a person of                
          ordinary skill in the art                                                   
          would have been motivated to use the safety strap as taught by              
          Bougher in the child seat of Turner to obtain the self evident              
          advantage of restraining a child seated in the chair.                       
                    Appellant argues that there is no suggestion to                   
          combine an adjustable safety strap as recited in claim 3, with              
          an infant’s lumbar support.  This argument is not persuasive                
          because Bougher discloses an adjustable strap and as discussed              
          above, there is ample suggestion to combine the teachings of                
          Turner, Quinton and Bougher.  Therefore, we will sustain this               
          rejection as it relates to claim 3.                                         
                    As appellant argues that claims 4 and 14 are                      
          patentable for the same reasons that claim 2 is patentable, we              
          will sustain the rejection as to these claims also, as there                
          has been no argument regarding their separate patentability.                
          See In re Nelson, 816 F.2d at 1572, 2 USPQ2d at 1528.                       


                    We now turn to the rejection of claims 6 and 21                   
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