Ex parte BURCH - Page 3




          Appeal No. 2000-1302                                       Page 3           
          Application No. 08/766,057                                                  

          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                
               Appellant’s brief states on page 4 that “[c]laims 12-14                
          and 19 stand or fall together.”  Therefore, in accordance with              
          37 CFR § 1.192(c)(7), we have selected claim 19, the sole                   
          independent claim on appeal, as the representative claim to                 
          decide this appeal, with claims 12-14 standing or falling                   
          therewith.                                                                  
               At the outset, we note that the first recited step of                  
          claim 19 appears to be inconsistent with appellant’s                        
          underlying disclosure (see specification, page 6).  Based on                
          our understanding of appellant’s specification, it appears                  
          that the first step of claim 19 should read –-removing the                  
          existing plywood [or plywood with attached foam and skin] from              
          the frame of the existing bus seat–-.  In the interest of                   
          judicial efficiency, for purposes of this appeal, we have                   
          interpreted the first step of claim 19 as a step of removing                
          the plywood and any foam and skin attached thereto from the                 
          frame of the existing bus seat.  However, in the event of                   
          further prosecution of the claimed subject matter, the                      










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