Appeal No. 2000-0512 Application No. 08/880,760 Reference is made to the brief and reply brief (Paper Nos. 12 and 14) and the answer (Paper No. 13) for the respective positions of the appellant and the examiner with regard to the merits of these rejections. OPINION In reaching our decision in this appeal, we have given careful consideration to the appellant's specification and claims , to the applied prior art references, and to the respective2 positions articulated by the appellant and the examiner. For the reasons indicated below, we cannot sustain the examiner's rejections. Claim 1, the only independent claim involved in this appeal, reads as follows: 1. A cafe chair comprising: A. a back section constituted by a contoured panel defining a flat figurative form that includes an ovoid head that merges with a body region having outwardly swelling hips from which extend a pair of widely-spaced legs between which is a crotch zone, the legs acting as rear legs of the chair and the body region as a back rest; and B. a front section including a lobe-shaped seat having a generally- straight front end supported on a pair of front legs spaced from the rear legs of the chair, said seat having an arcuate rear end coupled at its center to the crotch zone to connect the front section to the back section, said lobe-shaped seat having inwardly curved opposing sides extending from the generally-straight front end to the center of said arcuate rear end to create between the curved sides and the rear legs free spaces adjacent said rear legs, whereby an occupant 2We note that claims 3 and 4 depend from canceled claim 2. For purposes of our review of the rejections under appeal, we treat claims 3 and 4 as depending from claim 1. Additionally, we interpret the "sculptured panel" in claim 3 as referring back to the "contoured panel" recited in claim 1. However, these informalities are deserving of correction in the event of further prosecution before the examiner. 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007