Ex Parte Clary et al - Page 2



          Appeal No. 2005-0096                                                        
          Application No. 09/765,098                                                  

          two-position chair” (specification, page 1).  Claim 1 reads as              
          follows:                                                                    
               1. An articulating chair, comprising:                                  
               a knockdown frame including a pair of separate generally               
          U-shaped frame portions, one constituting a seat portion and the            
          other constituting a backrest frame portion, each of said                   
          U-shaped frame portions having two chamfered ends, and a pair of            
          generally L-shaped connectors adapted for a telescopic fit into             
          the chamfered ends of said frame portions to form a rigid                   
          generally L-shaped frame, and all of said U-shaped frame portions           
          and L-shaped connectors being Zinc plated for ease of assembly;             
               a removable cover formed to fit over the frame and to hold             
          said knockdown frame in assembly, said cover including a top                
          panel section sewn against a bottom panel section, a side panel             
          section sewn there between, and a cushion enclosed there between,           
          said cover being insertable over said frame and swingable                   
          relative to the frame;                                                      
               whereby said chair may be assembled and positioned on a                
          surface in one of a first position in which the seat portion of             
          the frame rests flat with the backrest portion extending upward             
          to provide a backrest, said cushion extending forwardly from the            
          frame to provide a seat, and a second position said chair being             
          adapted to be overturned from said first position to a second               
          position in which the seat portion of the frame extends upwardly            
          and the backrest portion slopes downwardly with the cushion                 
          resting thereon to present a reclining surface.                             
                                    THE PRIOR ART                                     
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Geschwender                4,410,214          Oct. 18, 1983                 
          Snyder                     4,657,302          Apr. 14, 1987                 
          Spease et al. (Spease)     5,435,203          Jul. 25, 1995                 
                                   THE REJECTION                                      
               Claim 1 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Geschwender in view of Snyder and Spease.                 
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