Appeal No. 2001-1792 Page 8
Application No. 09/291,716
allows the archer to take aim in generally any direction. It also includes an “attachment
member to attach a standard archery bow to the bow positioning member via a stabilizer
mounting hole on the archery bow.” As we stated above, the standard bow has been
defined in the appellant’s specification.
Kieselhorst is directed to an archery toy comprising a miniature figure-shaped
member 40 holding a miniature archery bow 56 that is mounted on a mechanism which is
operated by the user’s hand. The toy is attached to a supporting surface 26 and is
manipulated by the user by means of a handle 51 and a trigger rod 111. From our
perspective, the toy bow is not a “standard” bow if for no other reason than it is too small
for use by an archer against a target in the conventional manner. Be that as it may, even if
it is conceded, arguendo, that the bow positioning mechanism disclosed by Kieselhorst
allows the arrow to be targeted in generally any direction, the bow utilized is not a
“standard” bow as defined by the appellant in the specification for it does not have a
“stabilizer mounting hole.” The Kieselhorst bow is described as being attached by means
of “a clamp 57," which clearly is not a “hole,” and in our opinion there is nothing which
would have motivated one of ordinary skill in the art to modify either the bow or the
attachment means of this toy archery apparatus to make it conform to the language of
claim 11.
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