Ex parte RHEAULT et al. - Page 2




             Appeal No. 2001-1636                                                                Page 2                
             Application No. 09/226,890                                                                                


                    We REVERSE.                                                                                        


                                                   BACKGROUND                                                          
                    The appellants' invention relates to a furniture system adapted to expand and                      
             contract to form offices of different sizes and having different footprints in plan view                  
             (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to the             
             appellants' brief.                                                                                        


                    The prior art references of record relied upon by the examiner in rejecting the                    
             appealed claims are:                                                                                      
             Schreyer                            3,338,647                          Aug. 29, 1967                      
             Gilbert et al. (Gilbert)            3,538,976                          Nov. 10, 1970                      
             Hobgood                             4,635,418                          Jan. 13, 1987                      
                                                             2                                                         
             Roche                               FR 33,471                   Sep. 28, 1928                             



                    Claims 1 to 5, 9, 11 and 21 to 23 stand rejected under 35 U.S.C. § 103 as being                    
             unpatentable over Roche in view of Hobgood.                                                               





                    2In determining the teachings of Roche, we will rely on the translation of record.                 







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