Ex Parte PAUL - Page 5




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


                    109, 128) of Stanley's bed being supported on at least one of the                                                                                     
                    vertical and horizontal rail members of the side rail.                                                                                                


                    Having reviewed and evaluated the applied prior art                                                                                                   
                    references, we share appellant's assessment of the rejection on                                                                                       
                    appeal and agree with appellant that neither Stanley nor Johnston                                                                                     
                    discloses, teaches or suggests a "control stick" like that                                                                                            
                    recited in claim 9 on appeal, wherein the control stick is                                                                                            
                    supported on at least one of said vertical and horizontal rail                                                                                        
                    members of the side rail and wherein "movement of said control                                                                                        
                    stick actuates said actuator" (emphasis added) for actuating the                                                                                      
                    support frame in articulated movement.  Even if the control means                                                                                     
                    (109, 128) of Stanley were supported on a side frame (9) like                                                                                         
                    that seen on the bed of Johnston as the examiner has set forth in                                                                                     
                    the rejection, we do not see that appellant's claimed subject                                                                                         
                    matter would be the result.                                                                                                                           


                    More particularly, we note that the levers (109) of Stanley,                                                                                          
                    identified by the examiner as corresponding to the "control                                                                                           
                    stick" of appellant's claims, are described in that patent as                                                                                         
                    being "manually operable selector levers . . . for selective                                                                                          
                    operation to position the rod 97" (col. 7, lines 28-32).                                                                                              

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