Appeal No. 2002-1408
Application No. 09/228,076
longitudinal axis of which is essentially vertical, frame B pivots perpendicularly to the
axis of the net between storage and playing positions, rather than parallel thereto, as
required by the language of claim 1.
It is conventional to support a basketball backboard entirely from above so that
there is no structure to prevent the players from passing beneath the backboard, which
regularly occurs in the playing of the game. This is not a requirement in volleyball,
however, and the QUIK SET system takes advantage of this by utilizing contact with the
floor for positioning the net and for providing it with stability. We fail to perceive any
teaching, suggestion or incentive which would have led one of ordinary skill in the art to
modify the QUIK SET volleyball support system in the manner proposed by the
examiner, for to do so would necessitate a substantial, if not total, reconstruction of its
components and operation, which would in our view be a disincentive for the artisan to
do so. Moreover, as is pointed out by the appellant on page 6 of the Brief, neither
reference teaches pivoting the masts about an axis parallel to the longitudinal axis of
the net. We are not persuaded by the examiner’s assertion on page 3 of the Answer
that suggestion for the proposed modification is present because such would allow the
volleyball net to easily be stored in the ceiling girder system of the sports area, for this
goal already is achieved in QUIK SET.
The mere fact that the prior art structure could be modified does not make such
a modification obvious unless the prior art suggests the desirability of doing so. See In
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