Appeal No. 1999-0403
Application 08/804,095
Lund comprises a collapsible raft comprising a pneumatic
inflatable tube 11 with a flexible cover 13 of strong pliable
sheet material partly covering the tube and forming a smooth
bottom therefor. With reference to Figure 3, cover 13
includes a top wall (adjacent oarlock reinforcing plate 21)
overlying the top of the innertube, a side wall 13b overlying
the outer periphery of the innertube, and a bottom wall
(adjacent reference numeral 13) overlying the bottom of the
innertube. Further, the cover 13 of Lund reasonably appears
to be fully capable of functioning in the manner called for in
claim 7 when used with an appropriately sized inflatable
swimming pool.
Viewed in this light, and bearing in mind that we have
interpreted claim 7 as being directed to a protective cover
per se, Lund provides response for all of the limitations of
claim 7, making the teachings of Reinhardt mere surplusage in
this rejection. While a rejection over a single reference
such as Lund would ordinarily be based on 35 U.S.C. § 102
8
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