Ex parte DE CARLO - Page 3




                 Appeal No. 1999-1767                                                                                                                   
                 Application No. 08/706,910                                                                                                             


                 being unpatentable over Apple.                                                                                                         


                 Rather than reiterate the examiner's full statement of                                                                                 
                 the above-noted rejections and the conflicting viewpoints                                                                              
                 advanced by the examiner and appellant regarding the                                                                                   
                 rejections, we make reference to the final rejection (Paper                                                                            
                 No. 4, mailed June 11, 1998) and the examiner's answer (Paper                                                                          
                 No. 8, mailed January 29, 1999) for the reasoning in support                                                                           
                 of the rejections and to appellant’s brief (Paper No. 7, filed                                                                         
                 December 11, 1998) for the arguments thereagainst.                                                                                     


                 OPINION                                                                                                                                


                 In reaching our decision in this appeal, this panel of                                                                                 
                 the Board has given careful consideration to appellant’s                                                                               
                 specification and claims,  to the applied prior art Apple1                                                                                         
                 reference, and to the respective positions articulated by                                                                              

                          1In considering claims 5 and 6 on appeal, we note that                                                                        
                 “said tree securing means” set forth in each of these claims                                                                           
                 should actually be --- said leg securing means ---, and that                                                                           
                 we have so construed it in considering the issues on appeal.                                                                           
                 This error should be corrected during any further prosecution                                                                          
                 of the application before the examiner.                                                                                                
                                                                           3                                                                            





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