Appeal No. 97-4042
Application 08/578,248
USPQ2d 1647, 1648 (Bd. Pat. App. & Int. 1987).
Page 8 of the brief also states that:
If one decided to use the Mackey tray
as a lap tray in spite of its being
designed for seat support and its being
provided a number of food and beverage
pockets and compartments for two
individuals, the tray might be positioned
with the frusto-conical depressions 15, 16
and 17 along the outside of the legs if it
were suitably sized with respect to the
person using it. As so positioned, the
users legs would have to extend down the
narrow passage between the tissue box or
compartment and the frusto- conical
depressions. Considering that the
passageway is about the same width as the
tissue box, the users leg would have to be
so small that the length that the leg 14
would engage the seat and prevent the tray
from lying flat or horizontal across the
legs. If the legs were in the horizontal
position as shown in Fig. 2, leg 13 might
not have any effect while leg 14 would
apparently raise the right side of the tray
with respect to the legs and limit amount
that the right hand frusto-conical
depressions would extend downwardly along
the outside of the upper leg.
These contentions are unpersuasive. As to the
appellants’ contention that a user’s legs would have to extend
down the narrow passage between the “tissue box” and the
frusto-conical depressions 16, we must point out that (1) the
8
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