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                  COMMISSIONER'S DECISION

 

OBVIOUSNESS (and indefiniteness) - Reclining Chair

 

This application relates to a reclining chair which can be positioned

in close proximity to a wall. An amendment submitted to the Board

was accepted as overcoming the objections in the Final Action.

 

Final Action: Affirmed

 

                             *************

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated May 10, 1976, on applica-

tion 155,013 (Class 155-41.2). The application was filed on October 27,

1972, and is entitled "Reclining Chair." An amendment to this application,

dated June 10, 1977, was presented to the Patent Appeal Board just prior

to the Board's consideration of this case. The examiner is of the

opinion that this amendment overcomes the objections made in the Final

Action. This amendment will now be considered by the Board.

 

The application relates to a reclining chair which can be positioned in

close proximity to such things as a wall or other articles ef furniture.

Figure 9, shown below, depicts that arrangement.

 

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In refusing claims in the Final Action the examiner had this to say

(in part) as follows:

...

 

References Applied:

 

United States Patents

 

2,815,794    Dec. 10, 1957    Henrickson et al

 

2,789,291    Apr. 23, 1957    Nock

 

2,270,172    Jan. 13, 1942     Ruegger

 

2,966,939    Jan. 3, 1961    Fletcher

 

3,433,527    Mar. 18, 1969    R‚

 

The patent to Henrickson et al shows a reclining chair mounted

on a chassis wherein the chassis and the body-supporting unit

move forwardly on reclining. Applicant argues stability and

center of gravity but this is not clear from claim 1. Applicant

states that Hendrickson does not show a situation where the body-

supporting unit goes in one direction relative to a chassis and

the chassis goes in an opposite direction relative to the base.

 

While it is agreed that Hendrickson et al does not show this;

this is not stated in claim 1; applicant appears to have

missed the meaning of his words in claim 1. The mere substitution

of a chassis for the linkages of Nock or Ruegger does not amount

to invention.

 

The legrest is merely "added on" in view of common knowledge

as shown by the patents to ~~ and ~letcher. Applicant argues

the fastening to the floor of the patent to Hendrickson et al

however, no such fastening is required in the patent to Nuck.

Applicant argues in his October 14, 1975 reply that claim 1

dues not read on the prior art. While this is agreed, more

than this is required for patentability. The claim must be

directed to subject matter that is inventive in view of the

prior art. Such is not the case.

 

Claim 1 is therefore rejected as directed to unpatentable

material in view of the cited references. Comments with

respect to the prior art are limited to claims 1 and 5 for

reasons outlined hereinafter.

 

Discussion with respect to the prior art and with respect to

unity of subject matter with respect to the claims is difficult

because of the vagueness of the claims. Claims 2 to 4 and 6

are avoidably obscure, the description of the interconnections

and movements of the various parts is given in different terms

throughout the claims. As far as can be understood, these

descriptions are contradictory and inconsistent with the disclosure

as presented hereinafter.

 

In claims 1 and 2 the body-supporting unit is stated to move

relative to the wall. In claim 5 this is left out and the body-

supporting unit moves rearwardly relative to the chassis. In

claim 6 the seat and back are operatively interconnected and the

seat moves rearwardly relative to the chassis. In claim 4 both

the body-supporting unit and the chassis move relative to the

base. In claims 2 and 3 the movement of the body-supporting

unit relative to the base is stated to be in substantially inverse

ratio to any movement of the chassis relative to the base. The

ordinary meaning of these words in claims 2 and 3 is that if the

chassis moves one foot forward relative to the base, the body-

supporting unit moves one foot rearward relative to the base

which is inconsistent with claims 4 and 5. The disclosure

states, on page 1 that the body-supporting unit moves forwardly

relative to the platform. Claim 2 is therefore also inconsistent

with the disclosure.

 

The applicant submitted an amendment, dated August 9, 1976, to the

Final Action. The examiner did not accept that amendment as overcoming

the objection in the Final Action. A number of other amendments were sub-

sequently submitted and on June 10, 1977, an amendment was made and the

applicant stated his position (in part) as follows:

 

Following our most recent discussion, I now enclose the amended

claim 1, which includes the agreed suggestion to add the words

"a generally" in the last line to read -- a generally rearward

movement relative to the chassis--; and to make the claim more

definite and operable the words "relative to the base as" are

included after "chassis" to read --of the chassis relative to

the base as indicated--. (Fourth last line)

 

The above amendment is in addition to other amendments which have been

entered in this application. Amended claim 1 now reads:

 

A reclining chair movable between upright-sitting and inter-

mediate-television and fully-reclined positions and

positionable anywhere on a floor of a room and in close adjacency

and forwardly of a wall when in the upright-sitting position

while allowing ready assumption of intermediate television and

fully-reclined positions free of wall contact comprising:

 

a base supportable on a floor without connection thereto,

a chassis including interconnected armrests carried on the base,

means mounting the chassis on the base for linear movement

relative to the base, a body-supporting unit including a seat

and back, a leg-supporting unit mounted from the body-supporting

unit, a linkage mechanism operatively interconnecting the body-supporting

and leg-supporting units and the chassis and base whereby the

body-suppoxting and leg-supporting units move forwardly

relative to the base and effecting movement of the body-supporting

unit between upright-sitting and intermediate-television and

fully-reclined positions and concomitant and simultaneous movement

of the leg-supporting unit between retracted and extended positions

respectively, said linkage mechanism being actuated by the forward

linear movement of the chassis relative to the base as initiated

by the occupant applying a force to the armrests which imparts to

the body-supporting and leg-supporting units a generally rearward

movement relative to the chassis.

 

In the Final Action some claims were refused as being too broad in scope

and failing to satisfy Section 36 of the Patent Act.

 

The examiner stated that he was prepared to accept the amendments mentioned

above as overcoming the objection of the Final Action. We have studied

these amendments and we are also satisfied that these amendments overcome the

rejections in the Final Action. The claim, in our view, is now in

condition for allowance.

 

In summary, we are satisfied that the amendments overcome the rejections of

the Final Action. We recommend that these amendments be accepted.

 

J.F. Hughes

Acting Chairman

Patent Appeal Board, Canada

 

Having studied the prosecution of this application and reviewed the recommend-

ation of the Patent Appeal Board, I have decided to accept the amendments.

The application is returned to the examiner for resumption of prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

this 28th. day of June, 1977

 

Agent for Applicant

Jean T. Richard, M.P.

48 Sparks Street

Ottawa, Ontario

K1P 5A8

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