Appeal No. 2002-1378
Application No. 09/196,938
situation where the branch-like elements of the tree already have some foliage on them. This is
pointed out on page 5 of the examiner’s Answer.
Finally, we address those arguments relating to the rod mounting characteristics defined in
claims 24 and 26. In these claims, the rods are respectively referred to as being “rotatably mounted”
and “moveably mounted”. Aside from the speculation engaged in by both the appellants and the
examiner as to the scope of the teachings in Hamlett, we find that the scope of the terminology
employed in appellants’ claims is so broad as to effectively read on the fronds mounting
arrangement of Hamlett. In Hamlett, an artificial palm tree is formed by mounting frond elements at
selected locations near the top of the simulated trunk (Figure 6). Each frond is constructed from a
limb or branch-like rod and artificial palm leaves (col. 4, lines 59-62). Certainly, at some point
during the mounting process described in Hamlett (col. 5, lines 17-50), the limb or rod component
of each frond could be considered as being “rotably” or “moveably” mounted in the mounting
fixture.
For the foregoing reasons, the decision of the examiner is affirmed as to claims 16-26, and
reversed as to claims 1-6, 9-15 and 27-31.
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