Appeal No. 97-0925 Page 2
Application No. 08/328,159
BACKGROUND
The appellant's invention relates to an umbrella for use in
a stadium. An understanding of the invention can be derived from
a reading of exemplary claims 1 and 9, which appear in the
appendix to the appellant's brief.
The prior art reference of record relied upon by the
examiner as evidence of anticipation under 35 U.S.C. § 102(b) and
obviousness under 35 U.S.C. § 103 is:
Rowsey, Jr. 4,271,604 June 9, 1981
(Rowsey)
Claims 1, 3, 5 through 9, 11 and 13 through 16 stand
rejected under 35 U.S.C. § 112, first paragraph, as failing to
provide an enabling disclosure.
Claims 1, 3, 5 through 9, 11 and 13 through 16 stand
rejected under 35 U.S.C. § 112, as being indefinite for failing
to particularly point out and distinctly claim the subject matter
which the appellant regards as the invention.
Claims 1 and 9 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Rowsey.
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