Ex parte LOUK et al. - Page 5




          Appeal No. 96-1337                                                          
          Application 08/229,804                                                      


          find that none of the art addresses a “convertible” tree stand              
          platform.   More particularly, the Louk patent teaches a                    
          hunter’s tree stand characterized by an upper, seating                      
          platform (Figure 1) and a lower, standing platform (Figure 2).              
          Padding 14 on base 12 (rear end portion) of the upper, seating              
          platform serves to protect the a user’s knees when moving from              
          an outward facing position (column 2, lines 46 through 49).                 
          The patent instructs those versed in the art that pivotally                 
          mounted folding side supports move between an in use                        
          perpendicular orientation and a storage or travel folded                    
          position flat against frame 6 (Figure 5; column 3, lines 11                 
          through 23).  Jamieson addresses a deer stand including a                   
          chair assembly 22 and a footrest 24 (Figure 1), while  Gibson               
          teaches a tree climbing support comprising a body support 2                 
          and a foot support 23 (Figure 1).  The body support of Gibson               
          includes a back rest 8 which is selectively pivotable (Figure               
          5) into a non-functional or carrying position (Figure 3) and                
          an upstanding functional position (Figure 1).                               

               From our perspective, a combined consideration of the                  
          aforementioned prior art teachings, at best, would have been                

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