Appeal No. 1999-2799 Page 4
Application No. 08/609,381
recesses only when the seat is pivoted out of its riding
position.
To overcome the above-noted deficiency, the examiner
urges that it would have been obvious to one of ordinary skill
in the art to have utilized the latching system as taught by
Christoffel in the Davies device "since such a modification is
merely a substitution of one known latching arrangement for
another alternate equivalent latching system performing the
same intended function, i.e., to provide for a pivotal saddle-
type seat" (answer, page 4). For the following reasons, the
examiner's position in this regard is not well taken.
First, the examiner has not proffered any evidence
establishing that the simple detent arrangement of Davies and
the latching system of Christoffel are, or would have been
recognized as, functional equivalents. In fact, Christoffel's
latching system is not disclosed as providing a pivotal
saddle-type seat, as the examiner's statement implies.
Rather, Christoffel's latching system is used for securing or
releasing a removable vehicle seat, especially a motor vehicle
seat, to a vehicle structure.
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