Ex Parte Oxley - Page 2



            Appeal 2007-1920                                                                                
            Application 09/731,437                                                                          
                                      STATEMENT OF THE CASE                                                 
                   Randy Oxley (“Appellant”) seeks our review under 35 U.S.C. § 134 of the                  
            Examiner’s final rejection of claims 1, 6-10, 13, 21, 22, 24-26, 28, and 29.  We                
            have jurisdiction under 35 U.S.C. § 6(b) (2002).  We reverse.1                                  
                                            THE INVENTION                                                   
                   Appellant claims a holder adapted to support a stringed bow in a generally               
            horizontal position outwardly from a hunter’s body at a position below the hunter’s             
            waist (Specification 7:18-21).  Claim 1, the only independent claim, is                         
            representative of the subject matter on appeal.                                                 
                         1.  A holder adapted to support a stringed bow in a                                
                         generally horizontal position outwardly from a hunter's                            
                         body at a position below the hunter's waist comprising:                            
                               a support member;                                                            
                               a spacing member combined with the support                                   
                         member and extending generally inwardly and upwardly                               
                         therefrom; and                                                                     
                               an engagement member combined with said                                      
                         spacing member and being disposed generally above and                              
                         inward from the support member;                                                    
                               the support member comprising an inward section                              
                         and an outward section, said sections forming an                                   
                         upwardly concave surface.                                                          

                                                                                                           
            1 Only those arguments actually made by Appellant have been considered in this                  
            decision.  Arguments which Appellant could have made but chose not to make in                   
            the Briefs have not been considered and are deemed to be waived.  See 37 C.F.R.                 
            § 41.37(c)(1)(vii) (2004).                                                                      
                                                     2                                                      



Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: September 9, 2013