Ex Parte SPINKS et al - Page 7




              Appeal No. 2003-0683                                                                 Page 7                
              Application No. 09/319,680                                                                                 


              primary spring 2, this is not, in our opinion, sufficient to inherently disclose that                      
              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.  Moreover, the appellants set                   
              forth in both briefs ample reasons why an artisan would not desire an automobile seat                      
              cushion to have a secondary spring be freely movable within the primary spring 2.                          


                     For the reasons set forth above, the subject matter of the claims under appeal is                   
              not disclosed in Fischmann.  Accordingly, the decision of the examiner to reject claims                    
              1 to 9 and 11 to 13 under 35 U.S.C. § 102(b) is reversed.                                                  



























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