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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007