Ex parte AUSTIN et al. - Page 3




          Appeal No. 97-1439                                         Page 3           
          Application No. 08/417,981                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a mechanism for                   
          adjusting the height of a post that may be used to support, for             
          example, dental equipment (specification, p. 1).  An                        
          understanding of the invention can be derived from a reading of             
          exemplary claims 1, 8 and 15, which appear in the appendix to the           
          appellants' brief.                                                          


               The prior art references of record relied upon by the                  
          examiner as evidence of obviousness under 35 U.S.C. § 103 are:              
          Gilbert et al. (Gilbert)      4,182,364           Jan.  8, 1980             
          Namur                         4,640,211           Feb.  3, 1987             
          Garringer                     4,706,367           Nov. 17, 1987             
          Yokomatsu et al. (Yokomatsu)  4,906,028           Mar.  6, 1990             



               Claim 12 stands rejected under 35 U.S.C. § 112, second                 
          paragraph, as being indefinite for failing to particularly point            
          out and distinctly claim the subject matter which the appellants            
          regard as the invention.                                                    


               Claims 1 through 4, 8 through 11, 13 and 15 stand rejected             
          under 35 U.S.C. § 103 as being unpatentable over Namur in view of           
          Garringer.                                                                  








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