Appeal No. 2006-1667
Application No. 10/775,634
device is inflated to correct the sagging portion, or to provide
additional support” (col. 1, lines 41-44). The device includes a
bladder (24) that is inserted into the center region (20) between
a mattress (18) and a box spring (16), and then is inflated until
any dip or sagging in the center region essentially disappears
(col. 3, lines 1-5). Figure 3B shows the inflated bladder
between the mattress and box spring as having a convex shape in
the longitudinal direction. The bladder can have multiple,
independently inflatable lobes to correct side-to-side sag
variation and provide increased sag compensation for the overall
center region (col. 3, line 16 – col. 4, line 15; figures 5-8).
The examiner argues that Gordon discloses “a material and
constitution for maintaining the convex shape under the weight of
the mattress and a person (Figure 3B)” (answer, page 3). That
figure shows a convex bladder shape only under the weight of a
mattress, not under the weight of a mattress and a person.
The examiner argues that “[a]s seen in Figure 3B and
disclosed in column 2 at lines 38 through 44 and column 3 at
lines 3 through 6, the mattress [i.e., inflatable bladder]
maintains its shape under the weight of a mattress. Furthermore,
the apparatus shown by Gordon ‘898 is capable of being inflated
to a degree that it will maintain its shape under the additional
weight of a person” (answer, page 8). The examiner is arguing
4
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