Ex Parte Salzer et al - Page 10



             Appeal 2007-1331                                                                                  
             Application 10/296,814                                                                            
             found that the claimed first and second axes can be co-linear such that Dixon’s                   
             hinges allow the table top sections to rotate about first and second axes (Answer                 
             4-5).  We disagree.  The hinges (23 and 24), as shown in Figure 4 of Dixon, allow                 
             the first and second table top sections 21A and 21B to rotate relative to one another             
             about only a single, common axis (Findings of Fact 4, 5).  As such, Dixon does not                
             disclose first, second, and third articulations coupling the table top sections 21A               
             and 21B for rotation relative to one another about first and second axes as claimed               
             (Finding of Fact 6).  Accordingly, we do not sustain the Examiner’s rejection of                  
             claims 10, 13, 17, 20 and 21 under 35 U.S.C. § 102(b) as anticipated by Dixon.                    

             Rejection of claims 10, 11, 13, 16, 17, 25, and 26 under 35 U.S.C. § 103(a) as                    
             unpatentable over Harris and Goddard                                                              
                   The Examiner found:                                                                         
                          One would have been motivated to [to modify the table                                
                          unit of Harris such that the second articulation allows                              
                          relative motion between perpendicular first and second                               
                          axes] in view of the suggestion in Goddard that the                                  
                          articulation provides a universal ball joint that units [sic,                        
                          unites] to [sic, two] elements for swinging movement in                              
                          planes perpendicular to one another and is capable of                                
                          withstanding hard use (Final Office Action 5).                                       
                   The Appellants contend that Harris and Goddard do not render the subject                    
             matter of claim 10 obvious because only one articulation in Harris allows the table               
             elements to rotate “relative to one another” and nothing in Goddard discloses or                  
             provides motivation to use its universal joint in the table unit of Harris in a manner            
             that would provide three articulations allowing rotation of the Harris table elements             

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