Appeal No. 97-4182
Application 08/429,150
The appellant’s invention pertains to a lightweight vertical
wall tent. Independent claim 1 is further illustrative of the
appealed subject matter and a copy thereof may be found in the
appendix to the substitute brief.
The references relied on by the examiner are:
Hibbert 3,800,814 April 2, 1974
Nuttall (British Patent) 462,552 Mar. 11, 1937
Claims 1 and 2 stand rejected under 35 U.S.C. § 112, second
paragraph, 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 2 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the British patent in view of Hibbert.
The examiner’s rejections are explained on pages 2-4 of the
final rejection. The arguments of the appellant and the examiner
in support of their respective positions may be found on pages
1-7 of the substitute brief and pages 4-6 of the answer.
OPINION
As a preliminary matter, we base our understanding of the
appealed subject matter upon the following interpretation of the
terminology appearing in the claims. In line 38 of claim 1 (as
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007