Ex parte MICHELSON - Page 13




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


          intermediate lateral offsets 16 whereby the rods can be                     
          rotationally adjusted to fit operating tables of different                  
          widths (col. 2, lines 58-64).                                               
               The examiner finds correspondence between the structure                
          disclosed in Michelson '943 and appellant's claims 18 and 32,               
          except for the pivoting legs.  It is the examiner's position                
          that                                                                        
               Heffington, Jr. teaches that the problem of fitting                    
               surgical supports to operating tables of different                     
               widths was known in the art and a solution to this                     
               problem was to provide the frame with pivotal                          
               mounting rods . . . .  From the teaching in                            
               Heffington, Jr., it would have been obvious to one                     
               skilled in the art to substitute the pivoting rods                     
               shown in Heffington, Jr. for the mounting rods                         
               disclosed in Michelson . . .  . (Answer, page 5)                       
               It is the appellant's position that neither reference                  
          shows pivoting legs attached to a surgical frame and that                   
          Heffington's  support rods are attached to a padded buttocks                
          support, not to a surgical frame as recited in the independent              
          claims.                                                                     


               We do not find appellant's argument to be persuasive.                  
          The test for obviousness is what the combined teachings of the              


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