Appeal No. 98-3291
Application 08/534,705
Appellant’s invention relates to a Christmas tree
watering device. One embodiment of the invention (claims 5-7)
is seen in
Figure 3 of the drawings, while a second embodiment of the
invention (claims 8-10) is found in Figures 1 and 2 of the
application. Independent claims 5 and 8 are representative of
the subject matter on appeal and a copy of those claims, as
reproduced from the Appendix to appellant’s brief, is attached
to this decision.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Spinosa 4,993,176 Feb. 19, 1999
Lorenzana et al. (Lorenzana) 5,009,028 Apr. 23, 1991
Copenhaver 5,369,910 Dec. 6, 1994
Claims 5 through 7 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite. In particular, the
examiner urges that these claims are rendered indefinite by a
lack of proper antecedent basis for “said tree stand” in lines
6-7 and 9 of claim 5.
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