Ex Parte Hollingsworth - Page 11



                Appeal 2007-0040                                                                             
                Application 10/170,069                                                                       
                Patent 6,073,699                                                                             

                      26. In the Third Amendment, Appellant also argued with respect to                      
                the patentability of newly added claims 28-32:                                               
                            New claims 28-32 all include the limitation of at least                          
                      one roller disposed beneath body parts and entirely exteriorly of                      
                      an opening defined by the body parts.  EP 171,144                                      
                      [Stringfellow] has no teaching or suggestion of roller(s).                             
                      Taylor, Jr. discloses multiple balls 33 or rollers 33; but Taylor,                     
                      Jr. Has [sic] no teaching or suggestion of a roller beneath its                        
                      elevators body sections 1 and 2.                                                       
                      27. Appellant’s argument (see above) addressed at least the                            
                following limitation of Appellant’s amended claim 28:                                        
                      (1) at least one second roller disposed beneath the first and second                   
                            body parts and disposed entirely exteriorly of the interior                      
                            opening.                                                                         
                      Limitation (1) is found in some form in all of newly added                             
                            claims 28-32.                                                                    
                      28. On December 9, 1999, the Examiner entered a Final Office                           
                Action (“Final Action”).                                                                     
                      29. Claims 31-32 were rejected under 35 U.S.C. § 103(a) as being                       
                unpatentable over Taylor.                                                                    
                      30. Claims 28-30 were indicated as allowable.                                          
                      31. On December 21, 1999, Appellant filed a Fourth Amendment                           
                (“the Fourth Amendment”) responding to the Examiner's Final Office                           
                Action.                                                                                      
                      32. The Fourth Amendment canceled claims 31-32.                                        



                                                   - 11 -                                                    

Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: September 9, 2013