Ex Parte DeMoss et al - Page 2




            Appeal No. 2006-0714                                                         Page 2              
            Application No. 10/238,083                                                                       


                                              BACKGROUND                                                     
                   The appellants’ invention relates to a helical wire form coil and an innerspring.  A      
            copy of the claims under appeal is set forth in the appendix to the appellants’ brief.           
            Claim 1, which is representative of appellants’ invention, is reproduced infra in the            
            opinion section of this decision.                                                                

                                           The Applied Prior Art                                             
            Flesher et al. (Flesher)   4,726,572   Feb. 23, 1988                                             
            Codos      5,868,383   Feb. 9, 1999                                                              

                                              The Rejections                                                 
                   Claims 1-12, 14-19, 21-41, 43-48 and 50 stand rejected under 35 U.S.C. § 103              
            as being unpatentable over Codos.                                                                
                   Claims 13 and 42 stand rejected under 35 U.S.C. § 103 as being unpatentable               
            over Codos in view of Flesher.                                                                   
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and             
            the appellants regarding this appeal, we make reference to the examiner's answer                 
            (mailed July 5, 2005) for the examiner's complete reasoning in support of the rejections         
            and to the appellants’ brief (filed June 8, 2005) for the appellants’ arguments                  
            thereagainst.                                                                                    










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