Ex parte MICHELSON - Page 14




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


          references would have suggested to one of ordinary skill in                 
          the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,               
          1091                                                                        
          (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ              
          871, 881 (CCPA 1881).  Nonobviousness cannot be established by              
          attacking the references individually when the rejection is                 
          predicated upon a combination of prior art disclosures.  See                
          In re Merck & Co. Inc., 800 F.2d 1091, 1097, 231 USPQ 375, 380              
          (Fed. Cir. 1986).  We view appellant's argument as an attack                
          on Heffington individually.                                                 
               We agree that Heffington does not show the support rods                
          15 attached to a frame on which buttocks support panels are                 
          mounted.  However, Michelson '943 clearly shows a plurality of              
          mounting rods or legs 42 extending downwardly from the bottom               
          horizontal members 16 of a frame on which buttocks support                  
          panels are mounted.  The examiner cited Heffington as evidence              
          that it would have been obvious to a person of ordinary skill               
          in the art at the time of appellant's invention to substitute               
          support rods having lateral off-sets for the straight rods or               
          legs 42 taught by                                                           


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