Appeal No. 1999-2556
Application 08/774,848
into a surface below the base such as the earth. The
disclosure of the
application as originally filed would not reasonably convey to
the artisan that the appellant had possession at that time of
such embodiment in combination with the mating screw threads
recited in claim 3 for connecting the cap and base portions or
the means/eyelet recited in claims 7 and 8 for suspending the
device. A fair reading of the original disclosure indicates
that the embodiment set forth in claim 1 and the features
recited in claims 3, 7 and 8 are mutually exclusive.
SUMMARY
a) The decision of the examiner to reject claims 1, 3, 5
through 10, 17 through 19, 25 and 41 through 45 is affirmed
with respect to claims 44 and 45 and reversed with respect to
claims 1, 3, 5 through 10, 17 through 19, 25 and 41 through
43.
A new rejection of claims 3, 7 and 8 is entered pursuant
to 37 CFR § 1.196(b).
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains a new ground of
14
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007