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. 6Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007