Ex parte SOMMERMEYER et al. - Page 2




          Appeal No. 99-0096                                                          
          Application 08/640,236                                                      


          depending from a rejected base claim.  We reverse.                          


               The invention relates to “a bar system for mounting in a               
          pickup box for securing items such as motorcycles, watercraft,              
          etc.” (specification, page 1).  Claim 1 is illustrative and                 
          reads as follows:                                                           
               1.   A sport bar system in combination with the box of a               
          pickup truck having a front wall and opposing side walls which              
          form front corners of said box, said bar system comprising:                 
               (a) an elongated bar member having first and second ends               
          and further including an elongated slot extending therealong;               
               (b) first and second mounting brackets secured to said                 
          first and second ends, respectively, of said bar member;                    
               wherein each said mounting bracket includes a bolt for                 
          securing said mounting bracket to a respective front corner of              
          said box;                                                                   
               (c) at least one tie-down bracket carried by said bar                  
          member;                                                                     
               wherein said at least one tie-down bracket is mounted in               
          said slot and is movable along said bar member and can be                   
          secured at any point in said slot.                                          
               The reference relied upon by the examiner as evidence of               
          anticipation and obviousness is:                                            
          Brosfske                 5,427,487                Jun. 27, 1995             
                                        (filed Jun. 2, 1993)                          
               Claims 1 through 7, 9 and 10 stand rejected under 35                   
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