Ex parte GOLDSTEIN - Page 3




              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.                                           
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