Appeal 2006-1989
Application 09/772,278
Patent 5,996,948
with each wire leg (16) having two upright sections (19) interconnected to
one another in a configuration forming a base support (20) for the stand to
rest upon” (numbers added by Appellant). We disagree.
Appellant’s Specification describes two major embodiments. The
first embodiment (see Fig. 1) has four legs 16 with each leg having two
upright sections 19. Two of the four legs are found at each end of the long
axis. The second embodiment (see Fig. 7) has two legs 26 with each leg
having four upright sections 19. One of the two legs is found at each end of
the long axis. Appellant’s claim 1 is broader than either embodiment as is
requires only “at least two legs” each having “two uprights.” We turn to
Buff’s Figure 2 where we find two legs (formed by item 49, two upright
ends 50 (see Buff’s Fig. 1), two offsets 52, and at least the lower section of
handles 38) with each leg having two upright sections (aforementioned 50,
52, and 38). This arrangement is on its face a configuration forming a base
support for the stand to rest upon. Although the legs in Buff run along the
long axis of the base rather than across the end of the long axis as disclosed
by Appellant, such is not precluded by Appellant’s claim language.
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