Appeal No. 1999-1767
Application No. 08/706,910
appeal, we are compelled to reverse the examiner’s rejection
of dependent claims 5 and 6 since the tree stand of Apple does
not have an opening in a planar platform wherein the opening
is, during use of the tree stand, “adapted to accommodate the
trunk of the tree” and associated with tree securing means to
secure the trunk of the tree therein, as required in
appellant’s claim 4 on appeal.
To summarize, we have reversed the examiner’s rejection
of claim 4 under 35 U.S.C. § 102(b) based on Apple, and also
the rejection of claims 5 and 6 under 35 U.S.C. § 103(a) based
on Apple. Thus, the decision of the examiner is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
) BOARD OF PATENT
CHARLES E. FRANKFORT )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
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