Ex parte MILLER et al. - Page 2




          Appeal No. 97-0972                                                          
          Application 08/399,571                                                      


               We AFFIRM-IN-PART.  Additionally, pursuant to our authority            
          under the provisions of 37 CFR § 1.196(b), we will enter a new              
          rejection of claims 5 and 9-12 under 35 U.S.C. § 112, first                 
          paragraph.                                                                  
               The appellants’ invention pertains to a hold-down device for           
          maintaining, in a substantially horizontal orientation, theater             
          seats that are normally biased to a substantially vertically                
          orientation.  Independent claim 1 is further illustrative of the            
          appealed subject matter and reads as follows:                               
               1.  A theater seat hold-down device for maintaining a seat             
               member of at least one conventional theater seat in a                  
               substantially horizontal orientation, said conventional                
               theater seat including an armrest assembly disposed on                 
               either side of a seat member, the armrest assembly including           
               an armrest and an armrest support, the conventional theater            
               seat further including a biasing device for biasing the seat           
               member in a substantially vertical orientation when the seat           
               member is not in use, said theater seat hold-down device               
               comprising:                                                            
                    an elongated member adapted to extend between an                  
                    armrest assembly and a seat member, said elongated                
                    member defining an armrest assembly engagement                    
                    portion and a seat engagement portion, said                       
                    armrest assembly engagement portion being                         
                    configured to engage the armrest assembly and said                
                    seat engagement portion being configured to engage                
                    at least one seat member adjacent to the armrest                  
                    assembly such that the seat member is maintained                  
                    in a substantially horizontal orientation.                        
               The references relied on by the examiner are:                          
          Devney              1,276,735           Aug. 27, 1918                       
          Gardels             2,618,497           Nov. 18, 1952                       
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