Ex parte BURSTEIN - Page 16




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


                    In regard to the recitation in claim 8 that the                   
          lengths for each of said extensions are generally twice as                  
          long as said first and second pairs of chair legs, the                      
          examiner is of the opinion that the length of the table legs                
          appears to be greater than the length of the chair legs as                  
          depicted in Figure 2 and that in any case it would have been a              
          matter of design choice to modify the length of table legs to               
          be twice the length of the chair legs, since the appellant has              
          not disclosed that providing leg extensions of generally twice              
          the length of said front and rear chair legs solves any stated              
          problem not solved by the leg extensions that are disclosed by              
          Greenbaum.  (Examiner’s Answer at page 10).  We agree with the              
          analysis of the examiner, and thus we will sustain this                     
          rejection as it relates to claim 8.                                         
                    In regard to the recitation in claim 10 that there                
          is a means for attaching the foot rest for selective                        
          interposition between the first pair of chair legs.  The                    
          examiner relies on the disclosure of Turner for teaching a                  
          selective interposition of a foot rest between front chair                  
          legs.  Appellant’s argument that brace 17 of Greenbaum’s chair              
          is not a footrest is not persuasive in view of the disclosure               
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