Appeal 2007-1594
Application 10/600,379
Claim 11 stands rejected under 35 U.S.C. § 112, first paragraph, as directed
to a disclosure that would not have enabled one of ordinary skill to make and use
the claimed invention.
Claims 1-3 stand rejected under 35 U.S.C. § 102 as anticipated by Murray.
Claim 4 stands rejected under 35 U.S.C. § 103 as unpatentable over Murray
in view of Landgrebe.
Claim 5 stands rejected under 35 U.S.C. § 103 as unpatentable over Murray
in view of Landgrebe and Schroeder.
Claims 6-13 and 16-22 stand rejected under 35 U.S.C. § 103 as unpatentable
over Murray in view of Schroeder.
Claims 14 and 15 stand rejected under 35 U.S.C. § 103 as unpatentable over
Murray in view of Schroeder and further in view of Landgrebe.
ISSUES
The two issues for our consideration are the § 112, first paragraph, rejection
of claim 11 and the rejections based on prior art of claims 1-22.
FINDINGS OF FACT
Murray discloses a variably positionable coupler for mounting on a boat
hull. Murray has a base with an upper and lower side, with the lower side being a
substantial flat planar surface. A first coupling with an eyelet fitting 46 is pivotally
mounted on the base. The Examiner regards this mounting as a tub, inasmuch as
the eyelet allows pivoting around pin 41, and the other end of the fitting receives
3
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