Ex Parte Clary et al - Page 3



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

               Attention is directed to the main and supplemental briefs              
          (filed February 24, 2003 and April 9, 2004) and to the answer               
          (mailed May 19, 2004) for the respective positions of the                   
          appellants and the examiner regarding the merits of this                    
          rejection.                                                                  
                                    DISCUSSION                                        
               Geschwender, the examiner’s primary reference, discloses a             
          leisure chair 1 composed of a knock-down frame 3, a removable               
          cover 11 and a cushion 25.  The knock-down frame comprises a pair           
          of U-shaped tubular frame portions 5 and 7 and a pair of L-shaped           
          rod connectors 9 adapted to be telescopically received in                   
          respective opposing ends of the tubular frame portions to form a            
          rigid frame.  In use, the chair may be disposed on a supporting             
          surface in either of two positions: a “sitting” position as shown           
          in Figure 1 and a “reclining” position as shown in Figure 2.                
               As conceded by the examiner (see page 3 in the answer), the            
          Geschwender chair does not respond to the limitations in claim 1            
          requiring the ends of the U-shaped frame portions to be                     
          “chamfered” and the U-shaped frame portions and L-shaped                    
          connectors to be “Zinc plated.”  The underlying specification               
          indicates that these features facilitate installation of the                
          cover on the frame and prevent tearing of the cover during such             

                                          3                                           



Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007