Ex parte MICHELSON - Page 11




          Appeal No. 97-2888                                                          
          Application 08/389,077                                                      


               We will, however, sustain the rejection of claims 18, 20,              
          22, 27, 32, 35 and 44-46 under 35 U.S.C. § 103 as being                     
          unpatentable over Michelson '943 in view of Heffington.                     
               Michelson '943 discloses an adjustable surgical frame                  
          comprising first and second brackets 10 and 12 (corresponding               
          to                                                                          




          the claimed first and second side frame members) each being in              
          the form of a closed loop and having a forward vertical member              
          14                                                                          
          and a bottom horizontal member 16, a posterior support member               
          24                                                                          
          (corresponding to the major posterior support member recited                
          in claims 18 and 32), a locking member 32 which is adjustable               
          (col. 4, lines 28-31) to a variety of positions and                         
          interchangeable                                                             
          (col. 3, line 53 to col. 4, line 2) with member 24                          
          (corresponding to the minor posterior support member of                     
          appellant's claim 32), a plurality of mounting rods or legs 42              

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