Appeal 2007-1435
Application 10/408,979
The Examiner relies upon the following references in the rejection of
the appealed claims:
Sonner US 3,632,029 Jan. 4, 1972
Ferrara US 3,802,620 Apr. 9, 1974
Dale US 3,861,092 Jan. 21, 1975
Pearlman US 4,701,743 Oct. 20, 1987
Cooper US 6,349,732 B1 Feb. 26, 2002
Leamon, Jr. US 6,553,687 B1 Apr. 29, 2003
Appellant’s claimed invention is directed to a rack system for
mounting on a planar surface and storing bulky items, such as a helmet.
According to Appellant, the claimed invention is adapted to be mounted on
surfaces of various orientations, “particularly including vertical surfaces and
on the undersides of shelves, ceilings and the like” (principal Br. 4, third
para.). The rack system comprises a breathable flexible cover member that
is secured to a frame comprising rigid rods and encloses a volume between
the cover and the planar surface.
Appealed claim 12 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by Ferrara. Claims 1 and 3-6 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by Cooper. In addition, the appealed claims
stand rejected under 35 U.S.C. § 103(a) as follows:
(a) claims 7, 12, 18, and 19 over Cooper in view of Sonner;
(b) claims 2, 8, 14, 15, and 17 over Cooper in view of Dale;
(c) claim 13 over Cooper in view of Leamon, Jr.
(d) claims 11 and 16 over Cooper in view of Dale and Pearlman;
(e) claims 8, 14, 15, and 17 over Cooper in view of Sonner and Dale,
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