Appeal No. 2000-0500
Application No. 09/006,137
0PINION
Having carefully reviewed the anticipation issue raised
in this appeal in light of the record before us, we have come
to the conclusion that the examiner's rejection of the
appealed claims under 35 U.S.C. § 102(e) will not be
sustained. Our reasoning in support of this determination
follows.
Independent claim 14 and dependent claim 15 are each
directed to a method of using a hunting accessory and include
multiple steps to define the method. As an example,
independent claim 14 sets forth, inter alia, the steps of
positioning a flexible member around a tree, removing the vest
set forth earlier in the claim from around the human torso,
and then hanging the vest around the tree from said flexible
member so that the vest extends around at least a portion of
the tree. Dependent claim 15 adds a pad on a back portion of
the vest and the further step of "positioning said vest around
said tree so that said pad can be used as a cushion by a
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