Appeal No. 2004-2067 Page 2
Application No. 09/929,362
BACKGROUND
The appellant’s invention relates to a triangular frame tent whose top is
supported by a flying pole. A copy of the claims under appeal is set forth in the
appendix to the appellant’s brief.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Talmadge 6,173,726 Jan. 16, 2001
Warner (Canadian patent application) 2,229,401 Aug. 13, 1999
The following is the only rejection before us for review.2
Claims 1-3, 5, 6 and 12 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Warner in view of Talmadge.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the final
rejection and answer (Paper Nos. 9 and 16) for the examiner's complete reasoning in
support of the rejection and to the brief and reply brief (Paper Nos. 15 and 17) for the
appellant’s arguments thereagainst.
OPINION
2 The examiner has withdrawn the other rejections set forth in the final rejection. See pages 3-4 of
the answer (Paper No. 16).
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