Appeal No. 1997-4246
Application No. 08/542,085
determinations which follow.
We reverse each of the examiner’s rejections of
appellants’ claims under 35 U.S.C. § 103.
Appellants’ independent claims 1 and 13 address a
"straddle-type" vehicle seat. Based upon the underlying
disclosure (specification, page 1), we understand the
designation of the vehicle seat as being of the "straddle-
type" to fairly denote a saddle type construction, commonly
found on motorcycles, snowmobiles and water jet propulsion
units, that requires a rider to sit astride (one leg on each
side thereof) for balancing purposes.
Each of the obviousness rejections is based upon a
modification of the upholstered seat disclosed in the Daimler-
Benz reference that is intended for motor vehicles. As
depicted (Fig. 1) and described (page 1, lines 33), the seat
is used in conjunction with a back rest.
We certainly appreciate the examiner’s point of view, to
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