Appeal No. 2001-0287 Page 5
Application No. 09/107,056
such that the forward edge portion (remote from the hinged
edge portion) is disposed beneath the rear edge portion when
the table is in the retracted vertical position. However, the
slot of Swanson’s bracket 13, through which the first end (pin
23) of the brace 22 extends, lacks a curved section above an4
elongated section as required by claim 10.
Frank and Swanson each disclose different arrangements
for attaching a platform to a substantially vertical surface
so as to permit movement of the platform between an extended
horizontal position and a retracted vertical position, the
Frank arrangement permitting a combination of sliding and
pivoting and the Swanson arrangement being a fixed pivot type.
Frank’s arrangement, with its bracket having notches 26, 27
and braces 37 fixed at one end to the table 31, would not work
with a fixed pivotal attachment of the table to the vertical
support as taught by Swanson. Likewise, it is not apparent to
us why one skilled in the art would have been led to replace
the bracket 13 of Swanson with a bracket of the type taught by
Frank. There is nothing in the teachings of Frank and Swanson
The pin 23 responds to the first end of the brace as recited in claims4
10 and 19 because it is the end opposite the end of the brace attached to the
platform (table).
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Last modified: November 3, 2007