Appeal No. 2004-1847
Application No. 10/178,998
In the rejection of the appealed claims, the examiner relies
upon the following references:
Cole 2,141,262 Dec. 27, 1938
Bottemiller 4,786,106 Nov. 22, 1988
Liu 5,931,530 Aug. 3, 1999
Wu 6,296,313 Oct. 2, 2001
Appellants' claimed invention is directed to an adjustable
rocker comprising a base, a chair frame, a pair of parallel
flexures for supporting the frame on the base and for rocking in
a vertical plane, and a means for adjusting the position of the
frame on the flexures relative to the base.
Appealed claims 1, 5 and 6 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Cole. Claims 1, 2 and 5 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by
Bottemiller. Claims 2-4 and 7-9 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Cole in view of Wu, while claims
10 and 11 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Bottemiller in view of Liu.
In accordance with the groups of claims set forth at page 5
of the principal brief, claims 3 and 8 stand or fall together, as
do claims 4 and 9.
We have thoroughly reviewed each of appellants' arguments
for patentability. We are in complete agreement with the
examiner, however, that the claimed subject matter is
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