Appeal 2007-0270
Application 10/434,712
1 Because the auxiliary collar is located near the top of the cushion a, the
2 auxiliary cushion is not located vertically centrally between the upper and
3 lower edges of the cushion a. Accordingly, we agree with Appellant (Reply
4 Br. 3) that the Examiner erred in finding that Flinsch anticipates claims 1-5
5 and 7.
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7 CONCLUSION OF LAW
8 On the record before us, Appellant has shown that the Examiner has
9 erred in holding that the teachings of Flinsch anticipate claims 1-5 and 7. It
10 follows that we cannot sustain the rejection of these claims.
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12 DECISION
13 The Examiner's rejection of claims 1-5 and 7 is reversed.
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15 REVERSED
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19 vsh
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25 ROBERT D. VARITZ, P.C.
26 4915 SE 33RD PLACE
27 PORTLAND OR 97202
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Last modified: September 9, 2013