Ex parte BURSTEIN - Page 19




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


          restates that the French Patent fails to suggest the lumbar                 
          support for a high chair and to that extent the French Patent               
          is merely cumulative of all the references considered thus                  
          far.  We find this argument unpersuasive as we find ample                   
          suggestion for placing a lumbar support as taught by Quinton                
          in a high chair as disclosed by Turner as we detailed above.                
                    We turn next to the rejection of claim 17 as                      
          unpatentable under 35 U.S.C. § 103 over Turner in view of                   
          Quinton, Greenbaum and the French Patent.  We agree with the                
          examiner’s analysis as it relates to the application of rungs               
          as taught by the French patent and thus we will sustain this                
          rejection for the reasons stated above with respect to claim                
          7, which was rejected over Turner, Quinton and Greenbaum.  As               
          with the rejection of claim 11, the appellant has not directed              
          attention to the application of the French Patent but rather                
          repeats his assertion as discussed above, that there is no                  
          suggestion for placing a lumbar support in a high chair.                    
          Therefore, we will sustain the rejection of claim 17 as                     
          unpatentable 35 U.S.C. § 103 over Turner in view of Quinton,                
          Greenbaum and the French Patent.                                            
                    We turn next to the rejections of claim 23 under 35               
                                         19                                           





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next 

Last modified: November 3, 2007