Ex parte SCHMIDT - Page 9




          Appeal No. 98-1183                                         Page 9           
          Application No. 08/352,513                                                  


               For the reasons set forth above, the decision of the                   
          examiner to reject claim 1, and claims 2 through 7 and 9                    
          dependent thereon, under 35 U.S.C. § 103 is reversed.                       


          Claim 8                                                                     
               Claim 8 recites:                                                       
               A static support for supporting the sash of a tilt-in                  
               window, comprising:                                                    
                    a vertical member having an adjustment means                      
               disposed thereon for selectively adjusting the length                  
               thereof;                                                               
                    a stand coupled to said vertical member, wherein                  
               said stand holds said vertical member in a generally                   
               vertical orientation;                                                  
                    at least one cross-member pivotably coupled to said               
               vertical member, wherein said at least one cross member                
               can be selectively pivoted into a position generally                   
               perpendicular to said vertical member;                                 
                    padding disposed on a top surface of said at least                
               one cross member; and                                                  
                    at least one element extending from said at least                 
               one cross member beyond said top surface that engages an               
               edge of the sash thereby retaining the sash in a                       
               predetermined orientation relative to said static                      
               support.                                                               



               After the scope and content of the prior art are                       
          determined, the differences between the prior art and the                   









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