Ex parte SHIFFERAW - Page 9




          Appeal No. 98-2771                                                          
          Application 08/428,863                                                      


          (brief, page 6) that the applied references do not teach or                 
          suggest forming the arched bars and the platform “as a unitary              
          one-piece structure” (claim 7), or forming the arched bars and              
          the feet “as a unitary one-piece structure” (claim 8).                      
          Accordingly, we will not sustain the examiner’s rejection of                
          these claims under 35 U.S.C. § 103 based on the teachings of                
          Morozov and Oaks.                                                           


          Claim 4 on appeal sets forth that the arched bars of                        
          resilient spring material are “fabricated of a material                     
          selected from the group consisting of spring steel, fiberglass              
          and polyurethane.”  In rejecting this claim the examiner has                
          relied upon Morozov and Oaks as applied to claim 1 above,                   
          taken further in view of Mansfield.  In the examiner’s opinion              
          (answer, page 5), Mansfield teaches that it is known in the                 
          art to make spring elements out of aluminum, fiberglass or                  
          polycarbonate (col. 3, lines 5-13).  From this purported                    
          teaching, the examiner urges that it would have been obvious                
          to one of ordinary skill in the art at the time of appellant’s              
          invention to make the bars/springs (3) of Morozov out of                    
          fiberglass.  Morozov specifically notes (translation, page 3)               

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