Ex parte BURSTEIN - Page 18




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


          connect or to join.  Therefore, we will sustain this rejection              
          as it relates to claim 16.                                                  
                    We will sustain the rejection as it relates to claim              
          18 for the same reasons as given above for claim 10.                        
                    We now address the rejection of claim 1l under 35                 
          U.S.C. § 103, as being unpatentable over Turner and Quinton,                
          as applied to claim 1 above and further in view of the French               
          Patent.  The examiner cited the French Patent for showing                   
          arcuate rungs 40 with a lower arcuate surface and means 41                  
          provided on the upper surface for attaching each respective                 
          rung to a front chair leg 7 and a rear chair leg 3 (Examiner’s              
          Answer at pages 10-11).  It is the examiner’s opinion, and we               
          agree, that it would have been obvious to provide the child’s               
          seat disclosed by Turner with the rungs taught by French                    
          Patent to provide a rocking chair means which is easy to                    
          connect and disconnect.  In view of the foregoing, we will                  
          sustain the examiner’s rejection of claim 11 under 35 U.S.C. §              
          103 as being unpatentable over Turner and Quinton and further               
          in view of the French patent.                                               
                    The appellant has not argued the propriety of this                
          rejection as it related to the French Patent but rather                     
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