Ex parte BURSTEIN - Page 23




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


                         orthopedic standpoint, for the                               
                         child to maintain an erect                                   
                         posture within the chair, for                                
                         prolonged slumping may lead to                               
                         deformity.  But the spine of a                               
                         baby is so flexible and almost                               
                         rubber-like that he literally                                
                         collapses in an unsupported chair                            
                         of ordinary design, and all that                             
                         restrains him from sliding                                   
                         completely out of his seat is the                            
                         safety belt.  This problem is                                
                         encountered not merely in very                               
                         young infants, but also in babies                            
                         up to the age of twenty-four                                 
                         months.” (Column 1, pages 14-22).                            
          Quinton discloses a convex lumbar support to promote comfort.               
          Cerf is evidence that it was known in the art to provide a                  
          lumbar support for a child.  Cerf also teaches that there is a              
          need to provide a safety strap in a child’s chair (Column 2,                
          lines 9-11).  As such, it would have been obvious to provide                
          the chair disclosed in Turner with a lumbar support as taught               
          by Quinton and Cerf in order to aid a child in maintaining                  
          correct posture.                                                            
                    Claim 11 is rejected under 35 U.S.C. § 103 over                   
          Turner in view of Quinton and Cerf as applied to claim 1 and                
          further in view of French Patent.  The French Patent is cited               
          for teaching rungs.  It would have been obvious to provide the              

                                         23                                           





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next 

Last modified: November 3, 2007