Appeal No. 2003-0790 Page 8
Application No. 09/138,063
REMAND TO THE EXAMINER
This application is remanded to the examiner, pursuant to 37 CFR § 1.196(a), to
consider whether the subject matter of claim 9 or any of the claims depending
therefrom is unpatentable over Bishopp. We note, at the outset, that claim 9 simply
recites a kit comprising a plurality of stiff backings, a plurality of transparent cover
sheets and a plurality of means for mounting a sign in an upright position.
Bishopp (note Figure 1) discloses two signs (relatively stiff backings) and a
transparent vandal guard sheet (transparent cover sheet) for use on each of the signs,
each of the vandal guard sheets being coated on one side with a clear adhesive.
Additionally, each of the signs is mounted in an upright position on a post having a
plurality of mounting holes thereon, presumably for the passage of mounting hardware,
such as screws or bolts. The signs, vandal guard sheets and fastening hardware
appear to us to be a “kit”1 as that term is ordinarily understood.2
CONCLUSION
1 The term “kit” is defined as a set of tools or implements; equipment for some activity, sport, etc.;
or a set containing a number of parts to be assembled. Webster's New World Dictionary, Third College
Edition (Simon & Schuster, Inc. 1988).
2 While claims directed to a kit of parts to be assembled were found in In re Venezia, 189 USPQ
149 (CCPA 1976), we find nothing in this decision which defines the term “kit” itself as denoting any
particular type of association of the enumerated elements of the kit.
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