Appeal No. 2000-1614
Application No. 08/944,371
2. A portable armrest comprising:
a base rod having a first end and an
opposed second end;
a strap coupled to said first end of said
base rod, said strap adapted to attach said arm
rest to said user, wherein said strap extends
through said first end of said base rod
pivotably supporting said base rod relative to
the user at a position where said strap extends
through said base rod;
at least one upper rod having an armrest
member at one end thereof, said at least one
upper rod adapted to be adjustably attached to
said second end of said base rod.
The basis of the rejection is stated on page 3 of the
examiner’s answer. Appellant argues that strap 2 of Cover
does not extend through the first end of base rod 5, and that
even if it does, the base rod does not pivot "at a position
where said strap extends through said base rod," as claimed
(brief, page 6; reply brief, pages 1 and 2). The examiner
asserts that (answer, page 6):
Although Cover suggests that the belt may
fit neatly within the loop, it does not convey
that the strap is snugly fitted within the loop,
and thus, the strap is capable of pivotably
supporting the base rod at the position where
the strap extends through the first end of the
base rod.
We consider this rejection to be well taken. Before the
PTO, claims are to be given their broadest reasonable
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