Ex parte LOUK et al. - Page 6




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


          suggestive to one having ordinary skill in the art of altering              
          the rear portion of the upper, seating platform of Louk to                  
          include a back support.  However, this modified tree stand                  
          would not be the “convertible” tree stand now claimed.                      
          Setting aside what appellants have informed us of in the                    
          present application, it is clear to us that the Louk patent                 
          simply offers no motivation or instruction to those of                      
          ordinary skill in the art to pivotally couple the first and                 
          second members to the main frame so that the members can be                 
          moved through the reference plane defined by sides of the main              
          frame, as now claimed, to effect a tree stand or platform that              
          is “convertible” and                                                        




          structurally capable of being held to a tree in alternative                 
          bow-hunting and rifle-hunting positions.  Since the evidence                
          of obviousness before us fails to suggest the claimed                       
          invention, the rejection under 35 U.S.C. § 103 must be                      
          reversed.                                                                   

               The decision of the examiner is reversed.                              

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