Ex Parte Brodeur - Page 2




         Appeal No. 2004-1089                                                       
         Application No. 09/770,302                                                 


         in] its collapsed position, said base frame and a base flexible            
         sheet material establishing a generally rectangular perimeter              
         with sides and ends, when in its open position;                            
              (b) a plurality of legs removably connected to said base              
         frame, and having a connected position for supporting said base            
         frame, and a removed position for storing and transporting,                
         wherein said legs are u-shaped members and said base frame                 
         includes a plurality of receiving orifices for insertion of ends           
         of said u-shaped members;                                                  
              (c) a flexible sheet material attached to said base frame of          
         a size sufficient to support a reclining human at least the size           
         of a young child; and                                                      
              (d) at least two collapsible side walls, one each on                  
         opposite sides of said base frame, said collapsible side walls             
         including a flexible sheet material and collapsible wall support           
         means, said collapsible wall support means being connected to              
         said base frame, and having an open position for supporting said           
         side walls flexible sheet material, and a collapsed position for           
         storing and transporting.                                                  
                                  THE PRIOR ART                                     
              The references relied on by the examiner to support the               
         final rejection are:                                                       
         Hagelfeldt                2,672,627                Mar. 23, 1954           
         Bertram                   3,965,502                Jun. 29, 1976           
         Metzler                   5,749,112                May  12, 1998           
                                  THE REJECTIONS                                    
              Claims 21 through 28 stand rejected under 35 U.S.C. § 103(a)          
         as being unpatentable over Hagelfeldt in view of Bertram.                  
              Claims 29 through 32 and 35 through 40 stand rejected under           
         35 U.S.C. § 103(a) as being unpatentable over Hagelfeldt in view           
         of Metzler.                                                                



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