Appeal No. 2003-0683 Page 6
Application No. 09/319,680
beneath the weight of the person seated thereon, the shock therefore being
directly transmitted to the person with consequent discomfort.
In the present case the total collapse of the cushion under such
circumstance is prevented by the resilient reinforcement of the said springs 1 for
a part of their length in such manner that after the primary springs 1 have been
compressed to a certain extent the reinforcement will come into operation,
thereby increasing the proportion of force necessary for the further compression
of the cushion. The most convenient form of such resilient reinforcement are
secondary springs 6 substantially shorter than the primary springs, although, for
example, pads of porous rubber or the like may be used for a similar purpose if
desired. These springs 6 may be concentrically arranged within the springs 2, or
may be integral therewith as indicated in Fig. 4 whereby the primary springs 2
are practically self reinforced.
7 are fabric pockets surrounding the reinforcing springs 6 and preventing
noise, which may be caused by contact between the primary and secondary
springs, while also having as one of their objects to retain the said secondary
springs in a state of partial compression, if so desired, in order to increase their
efficient operation.
The appellants argue throughout both briefs that Fischmann does not disclose
that his secondary spring 6 is freely movable within the primary spring 2 from one end
of the primary spring 2 to the other end of the primary spring 2. We agree. In our view,
the examiner's position (answer, pp. 3-5) that Fischmann's secondary spring 6 is
inherently freely movable within the primary spring 2 from one end of the primary spring
2 to the other end of the primary spring 2 is shear speculation, not the natural result
flowing from the disclosure of Fischmann. While Fischmann does not specifically
disclose any connection preventing the secondary spring 6 from freely moving within
the primary spring 2 from one end of the primary spring 2 to the other end of the
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