Appeal No. 97-4080
Application 08/432,079
table on the beach umbrella of Kopmar would more or less
destroy the functionality of the beach umbrella.
Additionally, it is apparent that none of the applied
references contemplates the removal of a table-like structure
to use the table-like structure as a tray. For these
reasons, it is our determination that the combination of
references posited by the examiner, is based on a hindsight
reconstruction, impermissible under § 103.
REVERSED
WILLIAM F. PATE, III )
Administrative Patent Judge )
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)
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JOHN P. MCQUADE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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MURRIEL E. CRAWFORD )
Administrative Patent Judge )
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