Appeal No. 1999-1767
Application No. 08/706,910
Appellant’s invention relates to a tree stand, and more
particularly to a Christmas tree stand that has a planar
platform (2) with an opening (4) therein for holding the trunk
of a tree, and a series of adjustable legs (8) connected to
the platform in order to support the platform and any
associated tree at a variable distance above the floor. A
copy of representative claim 4 on appeal, as reproduced from
the Appendix to appellant’s brief, is attached to this
decision.
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Apple 3,350,043 October 31,
1967
Claim 4 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by Apple.
Claims 5 and 6 stand rejected under 35 U.S.C. § 103(a) as
2
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