Appeal No. 2003-0858 Page 2
Application No. 09/557,509
BACKGROUND
The appellant's invention relates to bedding or seating products and more
particularly to a bedding or seating product having a topper resting on a base
(specification, p. 1). A copy of the claims under appeal is set forth in the appendix to
the appellant's brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Asaro 2,264,607 Dec. 2, 1941
Long et al. (Long) 5,127,635 July 7, 1992
Claims 1 to 30 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Asaro in view of Long.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the final
rejection (Paper No. 5, mailed April 16, 2002) and the answer (Paper No. 11, mailed
November 29, 2002) for the examiner's complete reasoning in support of the rejection,
and to the brief (Paper No. 10, filed September 16, 2002) for the appellant's arguments
thereagainst.
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