Ex Parte Todd - Page 5

              Appeal Number: 2006-3291                                                                                         
              Application Number: 10/178,845                                                                                   

              user’s sacrum7 below the belt (Br. 11-12), and that Davis has no showing of                                      
              concavity dimensions of about 10 inches high or 4 inches deep (Br. 14).                                          


                                        FACTS PERTINENT TO THE ISSUES                                                          
                   Claim 1 is directed to a seat device.  Therefore, it is defined by its structure.                           
                   The structural elements of claim 1 include:                                                                 
                  • A bottom edge portion.                                                                                     
                  • An upper portion having a substantial thickness.  This portion is intended for                             
                      the upper back and therefore must be capable of touching the upper back.                                 
                  • A portion between the bottom edge portion and the upper portion having a                                   
                      thickness less than the thickness of the upper portion                                                   
                  • The lower portion must be structurally positioned to create a concavity so                                 
                      that no portion of the concavity between the upper back portion and the                                  
                      bottom edge portion presses against a part of a user below a duty belt when                              
                      the user is wearing the duty belt and sitting against the seat accessory in a                            
                      normal seating position.                                                                                 
                   A concavity is a concave line, surface or hollow (Merriam Webster).                                         
                   The structure of the lower portion is defined relative to where a user positions a                          
              belt, in particular, where the lower edge of the belt is on the user’s back, when the                            
              user sits against the claimed seat device in a normal seating position.                                          
                                                                                                                               
              7 The triangular segment of the spinal column that forms part of the pelvis and                                  
              closes in the pelvic girdle posteriorly, is formed between the ages of 16 and 25 by                              
              the fusion of five originally separate sacral vertebrae, and articulates with the last                           
              lumbar vertebra, the coccyx, and the hipbone on either side. (Stedman’s Medical)                                 
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