Ex Parte PAUL - Page 3




                    Appeal No. 2003-0399                                                                                                                                  
                    Application No. 08/774,150                                                                                                                            


                    rejection, and to appellant's brief (Paper No. 14, filed                                                                                              
                    September 18, 1998) for the arguments thereagainst.                                                                                                   


                                                                              OPINION                                                                                     


                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determination which follows.                                                                                             


                    In rejecting claims 9 through 14 under 35 U.S.C. § 103(a) on                                                                                          
                    the basis of the collective teachings of Stanley and Johnston, it                                                                                     
                    is the examiner's position (final rejection, pages 4-5) that                                                                                          
                    Stanley discloses an articulated medical bed like that defined in                                                                                     
                    the claims on appeal, including                                                                                                                       
                              a control means (109, 128, 129) for operation by a                                                                                          
                              person supported on said support frame, said control                                                                                        
                              means comprising a control sick 109 comprising an                                                                                           
                              elongated rod which is movable in a first direction to                                                                                      
                              actuate said actuator for moving said upper body                                                                                            
                              section upwardly and said control stick is movable in a                                                                                     
                              second direction to actuate said actuator for moving                                                                                        
                              said upper body section downwardly.                                                                                                         



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