Appeal No. 96-4137
Application 08/260,674
does not preclude the examiner’s advancement of a rejection
predicated upon the art against a definite claim.
We now direct our attention to rejection of claims 6
and 21 under 35 U.S.C. § 103 as being unpatentable over Turner
and Quinton and further in view of Giambrone. We will not
sustain this rejection because we agree with the appellant
that Giambrone discloses a tray with a T shaped housing
thereon (See Figure 1) and not a tray having a “T shaped
recess formed therein” as recited in claims 6 and 21.
Under the provisions of 37 CFR § 1.196 (b) we make
the following new rejections:
Claim 12 is rejected under 35 U.S. C. § 103 as being
unpatentable over Cerf. Cerf discloses an article of
furniture for a child having a seat 10 and a backrest 11 and a
lumbar support 24 on the backrest which has a surface that
protrudes arcuately from the backrest. (See Figures 1, 3, and
6). Cerf also discloses that the article of furniture has a
back with a contour which may be conformed exactly to the
posterior and spinal curvature of a particular user, whereby
the seated individual is properly supported in a comfortable
and orthopedically approved posture. (Column 1, lines 38-42).
21
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