Appeal No. 98-1531 Page 4
Application No. 08/371,511
to the frame for pivotal movement with respect to the seat back
when the seat assembly is subjected to an inertial load of
predetermined magnitude, and means for mounting a seat belt to
the seat assembly at a point above the horizontal plane through
the point where the seatpan and the seat back meet. The
examiner has taken the position that Serber discloses all of
this structure except for the point of attachment of the seat
belt, a feature which is taught by Horan and would have been
obvious to add to the Serber seat “since it would provide
obvious protection to the passengers [sic] back” (Answer, page
4). We do not agree, for the reasons explained below.
Serber is directed to the problem of reducing the
“submarining” of the body of an occupant of a vehicle in the
event of a front end collision, which occurs
[s]ince a person’s lower body has little or no
contact and friction force with the seat . . . there
is a tendency for the legs and lower body of the
passenger to continue forward unrestrained and with
the momentum which the person had immediately prior
to the crash (column 1, lines 40-44).
Serber solves this problem by providing a seat cushion which
can pivot forwardly and upwardly with respect to the seat back
when subjected to the forward momentum of the passenger’s body
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Last modified: November 3, 2007