Ex parte WAGNER - Page 2




                 Appeal No. 1999-0524                                                                                                                   
                 Application 08/735,228                                                                                                                 



                 in the application.                                                                                                                    


                          Appellant’s invention pertains to a vehicle seat and a                                                                        
                 storage receptacle disposed under the seat.  An understanding                                                                          
                 of the invention can be derived from a reading of exemplary                                                                            
                 claims    9 and 15, copies of which appear in the APPENDIX to                                                                          
                 the brief (Paper No. 8).                                                                                                               
                          As evidence of obviousness, the examiner has applied the                                                                      
                 documents listed below:                                                                                                                
                 Anderson et al. (Anderson)                            1,736,108                                    Nov. 19,                            
                 1929                                                                                                                                   
                 Hines                                                 5,096,249                                    Mar. 17,                            
                 1992                                                                                                                                   
                          The following rejection is before us for review. 2                                                                            
                          Claims 4 through 15 stand rejected under 35 U.S.C. § 103                                                                      
                 as being unpatentable over Hines in view of Anderson.                                                                                  
                          The full text of the examiner's rejection and response to                                                                     


                          2The final rejection of claims 4 through 8 and 15 under                                                                       
                 35 U.S.C. § 112, second paragraph, was withdrawn by the                                                                                
                 examiner upon entry of the amendment after final (Paper No.                                                                            
                 5), as acknowledged in paragraph (6) of the answer (Paper No.                                                                          
                 9). The first page of Paper No. 5 reflects entry of the                                                                                
                 amendment upon appeal, superseding the earlier indication in                                                                           
                 an advisory action (Paper No. 6) of a denial of entry.                                                                                 
                                                                           2                                                                            





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