Appeal 2006-1989
Application 09/772,278
Patent 5,996,948
wire leg having two upright sections interconnected to one
another in a configuration forming a base support for the stand
to rest upon with each upright section extending upwardly from
the base support to form an angle greater than 90 degrees with
respect to a horizontal plane through the base support and being
affixed to the first rim adjacent one end thereof, and further
comprising a plurality of offsets (52) located either in the
upright sections of the wire legs or in the first rim for laterally
displacing each wire leg relative to the first rim. The offsets can
facilitate the nesting of a multiplicity of stands into one another
without significant wedging (see Col. 5, lines 13-16 and lines
30-34).
Regarding claim 2, Fig. 2 of Buff, IV also shows the
plurality of offsets (52) being in the upright section and divided
each upright section into two sections lying in different planes
relative to one another.
Regarding claim 5, Fig. 2 of Buff, IV also appears to
show the plurality of offsets being welded or coupled to the
wire legs at the separation (separation between the legs and the
handle 38) of the upright section into segments. Nevertheless,
referring to the process step such as welding is not accorded
patentable weight in the product-by-process claim. It is well
settled that the patentability of a product does not depend on its
method of production. Product -by-process claims are not
construed as being limited to the product formed by the specific
process recited. In re Hirao et al., 535 F2d 67, 190 USPQ 15.
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