Ex parte WITTMAN - Page 5




          Appeal No. 98-1531                                         Page 5           
          Application No. 08/371,511                                                  


          (Figures 3A-3C).  A shoulder belt 44 is disclosed which “has an             
          upper end 46 coupled to vehicle 31 proximate the roof or side               
          wall and a lower end 47 coupled by a mounting flange 48 to the              
          floor of the vehicle” (column 5, lines 5-8).  It is clear that              
          Serber does not disclose or teach mounting the seat belt “to                
          said seat assembly” or “at a point above the horizontal plane               
          through the point where the seatpan and seat back meet,” both               
          as required by claim 1.                                                     
               Horan is directed to a seat for use in aircraft which                  
          repositions the body of the occupant to improve G-load                      
          tolerance during high acceleration flight (column 1, lines 13-              
          15).  The essence of the Horan invention is a means for                     
          rotating the seat  upwardly and moving the occupant’s legs                  
          toward his/her chest when high acceleration forces are                      
          anticipated (Figures 1 and 2).   Disclosed in this reference is             
          a seat lap belt 30 that is attached at either side of the seat              
          10 to secure the lower torso of the pilot “through quick-                   
          release buckles 31 coupled to both sides of the torso harness               
          suit 26" (column 3, lines 20-23).                                           
               We agree with the appellant that there would have been no              
          suggestion to combine the references in the manner proposed by              







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