Ex parte GESSE - Page 3




                 Appeal No. 1998-3296                                                                                     Page 3                        
                 Application No. 08/681,857                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a bath chair.  An                                                                        
                 understanding of the invention can be derived from a reading                                                                           
                 of exemplary claim 8, which appears in the appendix to the                                                                             
                 appellant's brief.                                                                                                                     


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Raeder                                       3,364,504                                             Jan. 23,                            
                 1968                                                                                                                                   
                 Harmony, III                                 4,074,370                                    Feb. 21, 1978                                
                 Stevens                                      Des. 330,461                                 Oct. 27, 1992                                
                 Eder                                                  4,113,105       2                            Oct. 29,                            
                 1992                                                                                                                                   
                                                              (Germany)                                                                                 

                 The claims on appeal stand rejected under 35 U.S.C. § 103                                                                              
                 on the following grounds:                                                                                                              
                 (1) Claims 5 through 8, 11 and 12 as being unpatentable over                                                                           
                 Raeder in view of Harmony;                                                                                                             




                          2In determining the teachings of Eder, we will rely on                                                                        
                 the translation provided by the PTO.  A copy of the                                                                                    
                 translation is attached for the appellant's convenience.                                                                               







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