Ex parte TUTTLE et al. - Page 5




          Appeal No. 1999-1502                                                        
          Application 08/600,060                                                      



          work surfaces 12, 11 would face sideways, rather than being                 
          “upward facing” as required by claim 1.                                     
               Accordingly, the rejection of claim 1, and therefore of                
          dependent claims 2, 3, 6 and 7, will not be sustained.                      
          Rejection Pursuant to 37 CFR 1.196(b)                                       
               Pursuant to 37 CFR 1.196(b), claims 1 to 3 are rejected                
          under 35 U.S.C. § 102(b) as anticipated by Harman, which                    
          discloses a base unit with first upright end portion 12, 13,                
          16, 22, 46, 47, and second upright end portion 11, 14, 18; an               
          upward facing work surface 25; and a pivoting table top 34.                 
          There is                                                                    
          also a vertically elongate support 35, 80 depending from table              
          top 34, a pivot means 38, 39 permitting top 34 to pivot                     
          horizontally around an upright-oriented axis, and height                    
          adjustable means in support 35 (page 2, lines 54 to 104).  As               
          for claim 2, there is an actuator 63 mounted on table top 34,               
          and as for claim 3, support 35 includes telescoping members                 
          36, 37.                                                                     
          Remand to the Examiner                                                      
               Harman does not disclose the height adjustment means                   
          recited in claim 4 or the locking means recited in claims 6 to              
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