Appeal No. 1998-1188 Page 14
Application No. 08/628,556
Claim 15 calls for a handle being tubular and
longitudinally cut to fit around the anchor pole with the
pivot member engaging the handle on either side of the pole.
No such structure is taught by Hall, UK ‘967 or EP ‘675 or
suggested by their combined teachings. Accordingly, we will
not sustain the standing 35 U.S.C. § 103 rejection of claim
15.
Rejection (III)
Finally, we will not sustain the standing 35 U.S.C. § 103
rejection of claim 14. Claim 14 is dependent on claim 13 and
further requires a bit cover for covering the spike during
transportation of the elongated pole. We agree with the
appellant’s argument (reply brief, page 8) that the tube 12 of
Rodriguez is not disclosed as a bit cover for covering the
spike during transportation of the elongated pole, but a tool
for digging a hole in wet sand and for supporting the lower
end of the umbrella support pole (col. 2, line 65 through col.
3, line 6). Since the support pole 12 of Hall does not
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007