Appeal No. 2006-1147 Page 2
Application No. 10/248,569
BACKGROUND
The appellant's invention relates to a hummingbird feeder having a liquid
reservoir (14), a shade or hood (12), and a center post (16) connecting the hood to
the reservoir. The hood is sized and positioned relative to the reservoir to provide
shade to the reservoir. A copy of the claims, which provide further detail about the
subject matter on appeal, can be found in the appendix to the appellant’s brief.
The examiner relies upon the following as evidence of unpatentability:
Lathrop 697,343 Apr. 08, 1902
Barry 4,207,839 Jun. 17, 1980
Brown 5,269,258 Dec. 14, 1993
Runyon et al. (Runyon) 5,975,015 Nov. 02, 1999
The following rejections are before us for review.
1. Claims 1-4, 6 and 7 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Brown in view of Barry and Runyon.
2. Claim 5 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Brown in view of Barry and Runyon and further in view of Lathrop.
3. Claims 8, 9, 11-16, 18-23, 25, and 26 stand rejected under 35 U.S.C. §
103(a) as being unpatentable over Brown in view of Barry.
4. Claims 10, 17 and 24 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Brown in view of Barry and Runyon.
Rather than reiterate in detail the conflicting viewpoints advanced by the
examiner and the appellant regarding this appeal, we make reference to the final
office action (mailed January 12, 2005) and the examiner's answer (mailed March
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