Ex Parte Olivera et al - Page 3



          Appeal No. 2005-1481                                                        
          Application 10/236,601                                                      

                                    THE REJECTION                                     

               Claims 1 and 3 through 14 stand rejected under 35 U.S.C.               
          § 103(a) as being unpatentable over Rosen in view of Petrich.               

               Attention is directed to the brief (filed August 12, 2004)             
          and answer (mailed October 21, 2004) for the respective positions           
          of the appellants and examiner regarding the merits of this                 
          rejection.                                                                  

                                     DISCUSSION                                       

               Rosen, the examiner’s primary reference, discloses an                  
          adjustable, multi-positional display monitor which can be used in           
          a variety of home and office settings (see column 1, lines 17               
          through 28; and column 6, lines 53 through 55).  As described in            
          the reference,                                                              

                    a display monitor unit is shown generally at 10,                  
               the display monitor unit including a base or swivel                    
               portion 12, an arm or pivot portion 14, and a rotatable                
               display screen 16. . . .  [T]he base, the arm and the                  
               display screen are rotatable about three separate axes,                
               axis A, axis B, and axis C, to accommodate viewing of                  
               the display screen regardless of a viewer's orientation                
               to the display monitor unit.                                           


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