Appeal No. 2005-2198 Παγε 5
Application No. 10/286,942
the support having integrally formed convexities. While both DeLisle and Martin do
teach a mat or board having integrally formed convexities, they do not teach or suggest
providing the pressure surface of the support of any of the primary references with
integrally formed convexities. The integrally formed convexities of DeLisle and Martin
are designed to directly interact with the back of a user. The pressure surfaces of the
support of the primary references are mounted inside the back cushion of a chair or
seat (see for example Figures 5 and 11 of Sessini and Figure 1 of Harrison). As such,
the pressure surfaces of the primary references are not designed to directly interact with
the back of a user. It is our opinion that absent the use of hindsight knowledge derived
from the appellant's own disclosure there would be no reason why a person having
ordinary skill in the art would have modified the pressure surfaces of any of the primary
references so as to arrive at the claimed subject matter.
For the reasons set forth above, the decision of the examiner to reject claims 1 to
4, 8 to 15 and 19 to 22 under 35 U.S.C. § 103 is reversed.
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