Appeal No. 2000-1614
Application No. 08/944,371
Appellant contends that (brief, page 8):
The Dubé patent does not teach a plurality of
distinct arm rest members associated with a
single base. The Dubé patent teaches that the
single arm rest may be formed in a variety of
shapes. There is no teaching or suggestion in
the Dubé patent to provide a variety of arm
rests for use with a variety of weaponry with
all the arm rests associated with a single base.
This argument is not persuasive. While Dubé does not
expressly disclose providing a "kit" of a plurality of upper
rods, each with a differently-shaped armrest and each
attachable to the base rod, we consider that Dubé’s disclosure
of a variety of arm rest shapes would suggest such a "kit" to
one of ordinary skill in the art, thereby allowing the user of
the Cover apparatus to select an arm rest according to their
personal preference. As for the recitation that the plurality
of upper rods "is adapted for use with a variety of weaponry,"
the Cover arm rest is useable with a "gun" (shown as a long
gun) and the Dubé arm rests are disclosed for use with a
"rifle," which term itself includes a "variety of weaponry,"
such as rifles of different calibers, types of actions, etc.
The rejection of claim 1 will therefore be sustained, as
will the rejection of claims 3, 6 and 7, which appellant has
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