Appeal No. 1997-4246
Application No. 08/542,085
motorcycles, snowmobiles and water jet propulsion units, with
a construction that requires a rider to sit astride for
balancing purposes.
Since, as explained, supra, the Daimler-Benz reference is
not drawn to a "straddle-type" vehicle seat, modifications
thereof, as set forth in each of the rejections before us,
would clearly not yield the subject matter of independent
claims
1 and 13, as well as respective claims dependent therefrom.
It is for this reason that each of the examiner’s rejections
must be reversed.
REMAND TO THE EXAMINER
Appellants’ specification (page 1) makes it quite clear
that, prior to the present invention, the problem of permanent
deformation in a straddle-type seat was known to be caused by
repeated sitting in a commonly-used seat position. We
perceive therefor that one having ordinary skill in the art
would have been made aware of the longitudinal extent of the
seat deformation (inclusive of deformation due to sliding).
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