Ex parte GRAZIOLI - Page 3




          Appeal No. 2001-2294                                                        
          Application 29/097,935                                                      


               configuration of the chair seat.  One cannot tell if                   
               there are horizontal ribs or grooves and if the sides of               
               the seat have been slightly raised or even have a groove               
               to distinguish the edges and front portions(answer, page               
               3).                                                                    

          Reference is made to the examiner's answer (Paper No. 13,                   
          mailed May 4, 2001) for the reasoning in support of the above-              
          noted rejection.  Attention is directed to appellant's brief                
          (Paper No. 12, filed February 26, 2001) and reply brief (Paper              
          No. 14, filed July 3, 2001) for an exposition of appellant's                
          arguments thereagainst.                                                     


          OPINION                                                                     


          Having carefully considered the enablement issue raised                     
          in this appeal in light of the examiner's remarks and                       
          appellant's arguments in the brief and reply brief, it is our               
          conclusion that the examiner's rejection of the present design              
          claim under      35 U.S.C. § 112, first paragraph, is not well              
          founded and thus will not be sustained.  Our reasons for this               
          determination follow.                                                       



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