Ex Parte Brodeur - Page 4




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


         extensions 42 and 43 which wrap under and attach to the frame to           
         close all gaps therebetween.  Removal of the side walls and                
         associated rigid bars permits the use of the crib as a dressing            
         table.                                                                     
              Hagelfeldt’s collapsible crib meets all of the limitations            
         in independent claim 21 except for those calling for the legs to           
         be removably connected to the frame via receiving orifices                 
         whereby the legs have a removed position for storage and                   
         transportation.  The appellant’s apparent argument (see pages 4            
         and 5 in the brief) that the Hagelfeldt crib also lacks response           
         to the side wall limitations in the claim is unpersuasive as it            
         is not commensurate with the rather broad scope of these                   
         limitations.  To the extent recited in claim 21, Hagelfeldt’s              
         side wall fabric 40 and rigid bars 29 and 29' collectively                 
         constitute at least two collapsible side walls, one each on                
         opposite sides of the base frame (Hagelfeldt’s frame 10) and               
         including a flexible sheet of material (Hagelfeldt’s fabric 40)            
         and collapsible wall support means (Hagelfeldt’s rigid bars 29             
         and 29') connected to the frame, and having an open position for           
         supporting the flexible sheet material (see Hagelfeldt at column           
         3, lines 37 through 58) and a collapsed position for storing and           



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