Ex parte ANITOLE - Page 4




                 Appeal No. 1999-1039                                                                                                                   
                 Application No. 08/876,762                                                                                                             

                 from aerial observation.”  The invention comprises a metal                                                                             
                 frame of horizontal and vertical arrays of metal bar members                                                                           
                 connected together by hinge means so they can be “raised or                                                                            
                 lowered,” a fabric cover “imbued on its outside surface with                                                                           
                 shapes and colors resembling detailed attributes of                                                                                    
                 surrounding smaller edifices for placement over the frame to                                                                           
                 form a three-dimensional camouflage structure,” and crank,                                                                             
                 cable, pulley and support means “wherein the frame is capable                                                                          
                 of being raised and lowered repeatedly and successively with                                                                           
                 the fabric cover placed over the frame.”   Independent claim            1                                                              
                 11 sets forth the invention in almost identical fashion,                                                                               
                 except that it recites powered drive means capable of raising                                                                          
                 and lowering the frame and directly connected to the frame.                                                                            
                          Claims 1 and 11 stand rejected as being unpatentable over                                                                     
                 Nilsson, which discloses an erectable structure comprising a                                                                           
                 metal framework over which a canvas cover is stretched.  The                                                                           
                 structure is assembled in several stages.  First, the beams                                                                            
                 are placed in a row, with each beam positioned slightly                                                                                


                          1We have interpreted the phraseology regarding “raising”                                                                      
                 and “lowering” as meaning between fully erected and completely                                                                         
                 collapsed positions, in that these are the only two positions                                                                          
                 in which the invention is disclosed as being utilized.                                                                                 
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