Ex parte MICHELSON - Page 17




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


               Claim 36 depends from claim 35 (which depends from claim               
          32) and further calls for a pair of lateral support panels                  
          extending from the major posterior support member.  Appellant,              
          in addition to arguing that the limitations of claim 32 are                 
          not taught or                                                               
          suggested by the applied references, also argues (Brief, pages              
          15                                                                          





          and 16) that none of the references disclose means for                      
          adjusting                                                                   
          the height of the surgical frame relative to the surface of an              
          operating table as recited in claim 36.4                                    
               We have already considered and found unpersuasive                      
          appellant’s arguments with respect to claim 32 above.  As to                
          the height adjusting means of claim 36, Michelson '943 clearly              
          teaches that the height of the frame over the operating table               


               The means for adjusting the height of the surgical frame relative to4                                                                     
          the surface of an operating table is actually found in claim 35 from which  
          claim 36 depends.                                                           
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