Appeal No. 1998-0236
Application No. 08/472,536
each end of each of the bed’s side rails includes tabs for
removably mounting the side rails on the posts.
In contrast to the invention defined in appealed claims
1 and 24, the side rails of Bianco’s bed 20 are not provided
with tabs for removably mounting the side rails on the
patentee’s corner support posts 12. Instead, the mounting
tabs are provided on frame members 38 which underlie the bed’s
side rails to support the bed.
The examiner concedes on page 6 of the answer that the
side rails of Bianco’s bed lack tabs for removably mounting
the side rails on the corner support posts. For this feature,
the examiner relies on the Nelson patent. Nelson, however,
lacks a teaching of support posts for mounting the side rails
of the bed. Furthermore, the devices 36U on the side rails of
Nelson’s bed do not mount the side rails on the rail-
supporting structure, namely the headboard and the footboard
in Nelson’s bed. Instead, these devices are in the form of
latches for fastening the stringers 18U to the side rails. We
therefore cannot agree with the examiner that the teachings of
Nelson would have made it obvious to provide the side rails of
5
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