Ex parte ANITOLE - Page 5




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

          inclined to the horizontal with the center portions                         
          “approximately one meter above the ground” (page 3, lines 7                 
          and 8; Figure 3), whereupon supplementary longitudinal beams                
          and cross-pieces are installed and the canvas cover is                      
          unrolled over the frame.  At this point, the frame is raised                
          “sufficiently far to provide sufficient headroom for a person               
          to stand underneath” (page 3, lines 32 and 33) and “further                 
          erection is temporarily interrupted” so the canvas can be                   
          stretched and secured to the frame at a number of attachment                
          points (page 3, lines 33-36).  Upon completion of these steps,              
          the structure is pulled to its erect position by a winch and                
          cable. The process is reversed to disassemble the structure.                
               It is the examiner’s view that all of the subject matter               
          recited in claims 1 and 11 is taught by Nilsson except for the              
          material of which the frame is made and the “coloring” of the               
          cover and, as to claim 11, the powered drive means.  However,               
          it is the examiner’s position that it would have been obvious               
          to one of ordinary skill in the art to make the frame of metal              
          because metal is a well-known material for making such                      
          structures, to color the cover to resemble the detailed                     
          attributes of the surrounding elements since such is “old and               

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