Ex parte HERMAN et al. - Page 3




          Appeal No. 2001-2185                                                        
          Application 09/205,079                                                      


               Claims 2 through 4 and 7 stand rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Montgomery in view of                   
          Pasmore.                                                                    
               Claim 5 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Montgomery in view of Pasmore and Stern.                  


               Claim 9 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Montgomery in view of Pasmore and Lorence.                
               Claims 17 through 20 stand rejected under 35 U.S.C. §                  
          103(a) as being unpatentable over Montgomery in view of                     
          Pasmore and Young.                                                          
               Attention is directed to the appellants’ brief (Paper No.              
          10) and to the examiner’s answer (Paper No. 13) for the                     
          respective positions of the appellants and the examiner with                
          regard to the merits of these rejections.                                   
                                     DISCUSSION                                       
               Montgomery, the examiner’s primary reference, discloses a              
          foldable tray table designed to stably support articles such                
          as beverage cans, tumblers and books in an outdoor (e.g.,                   
          beach) setting.  The table includes a top 10 having openings                
          16, 18 and 26 for receiving the articles, and leg assemblies                

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