Ex Parte Raby

Patent Trial and Appeal Board

Oct 26, 2017

11963828 (P.T.A.B. Oct. 26, 2017)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/963,828 12/22/2007 Samuel F. Raby RBY-001U 1757
52966 7590
S chramm-Personal-ACT
Michael R. Schramm
350 West
2000 South
Perry, UT 84302
EXAMINER
KING, ANITA M
ART UNIT PAPER NUMBER
3632
NOTIFICATION DATE DELIVERY MODE
10/30/2017 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
mikeschramm @ besstek. net
mschramm @juneaubiosciences.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SAMUEL F. RABY
Appeal 2015-000421
Application 11/963,828
Technology Center 3600
Before: LINDA E. HORNER, PHILLIP J. KAUFFMAN, and
WILLIAM V. SAINDON, Administrative Patent Judges.
KAUFFMAN, Administrative Patent Judge.
DECISION ON APPEAL
Appeal 2015-000421
Application 11/963,828
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134 from the Examiner’s
decision to reject claims 1-12 and 22-27. Ans. 2. We have jurisdiction
under 35 U.S.C. § 6(b).
We affirm-in-part.
The Claimed Invention
Appellant’s claimed invention “relates to taxidermy type mounting
apparatuses and in particular, to taxidermy mounting apparatuses that
provide for movement or repositioning of the mounted game or fish or like
mounted object.” Spec. ^ 1.
Claims 1 and 22 are independent and follow:
1. A repositionable taxidermy mount apparatus for use in
repositionally displaying a taxidermy mount object1 including
processed deer, elk, antelope, moose, bear, bison, birds, and fish
both near a wall and far from a wall via complex movement such
that the viewing orientation of said taxidermy mount object is
altered, said apparatus comprising:
a base defining a substantially flat plate having at least one
collar connected to said plate;
a support arm having a first end and a second end, said first
end being connected to at least one first shaft having a rod
extending therefrom, and said second end being connected to a
second shaft having a rod extending therefrom;
1 The Specification describes that a “taxidermy mount object” is any creature
or creature part (e.g., bear bust, deer head) that may be mounted to the
claimed apparatus. Spec. ^ 22.
2
Appeal 2015-000421
Application 11/963,828
a swivel device defining a substantially flat plate having a
collar connected to said plate, and;
a taxidermy mount object;
wherein said rod of said at least one first shaft is rotatably
positioned in said at least one base collar, and wherein said
swivel device collar is rotatably positioned on said rod of said
second shaft, and wherein said taxidermy mount object is
mounted to said swivel device such that said support arm is
rotatable about said support arm first end and said swivel device
is rotatable about said support arm second end, such that said
taxidermy mount object is repositionable via complex motion to
result in at least one repositioning comprising said taxidermy
mount object being repositioned from a near to said base position
to a far from said base position, said taxidermy mount object
being repositioned from a far from said base position to a near to
said base position, said taxidermy mount object being
repositioned from a looking towards a viewer at a predetermined
viewing location position to a looking away from said viewer at
said predetermined viewing location position, said taxidermy
mount object being repositioned from a looking away from a
viewer at a predetermined viewing location position to a looking
towards said viewer at said predetermined viewing location
position, and a combination thereof.
22. A repositionable taxidermy mount apparatus for use in
repositionally displaying a taxidermy mount object including
processed deer, elk, antelope, moose, bear, bison, birds, and fish
both near a wall and far from a wall via complex movement such
that the viewing orientation of said taxidermy mount object is
altered, said apparatus comprising a support arm having a first
end and a second end, said support arm first end being connected
to a base, and said support arm second end being connected to a
taxidermy mount object, wherein said taxidermy mount object is
repositionable with respect to said base from a first display
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Appeal 2015-000421
Application 11/963,828
position to a second display position by means of a complex
movement of said taxidermy mount object to result in at least one
repositioning comprising said taxidermy mount object being
repositioned from a near to said base position to a far from said
base position, said taxidermy mount object being repositioned
from a far from said base position to a near to said base position,
said taxidermy mount object being repositioned from a looking
towards a viewer at a predetermined viewing location position to
a looking away from said viewer at said predetermined viewing
location position, said taxidermy mount object being
repositioned from a looking away from a viewer at a
predetermined viewing location position to a looking towards
said viewer at said predetermined viewing location position, and
a combination thereof.
Rejections and Evidence Relied Upon
Claims 1-12 and 22-27 are rejected under 35 U.S.C. § 112, second
paragraph, as indefinite for failing to particularly point out and distinctly
claim the subject matter which applicant regards as the invention. Ans. 2.
Claims 1, 2, 4, 9, 12, 22-25, and 27 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Goettl and Walrath.2 Ans. 2-5.
Claims 5, 7, 8, and 26 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Goettl, Walrath, and Smed.3 Ans. 5-6.
2 Goettl (U.S. 6,828,035 Bl; issued Dec. 7, 2004), Walrath (U.S. 6,209,835
Bl; issued Apr. 3, 2001).
3 Smed (U.S. 6,695,270 Bl, issued Feb. 24, 2004).
4
Appeal 2015-000421
Application 11/963,828
Claims 10 and 11 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Goettl, Walrath, and Jensen.4 Ans. 6.
Appellant relies on the following Declarations:
Dee la ram Signed Submitted Referred to as
Samuel F. Raby Feb. 2, 2009 Feb. 3, 2009 “First Raby Deck”
Mark Hansen Jan. 30, 2009 Feb. 3, 2009 “Hansen Deck”
Michael Q. Christiansen Jan. 29, 2009 Feb. 3, 2009 “Christiansen Deck”
Samuel F. Raby Feb. 16, 2013 Feb. 16, 2013 “Second Raby Deck”
OPINION
35 U.S.C. § 112, second paragraph - Claims 1 and 22
Claims 1 and 22 are directed to a repositionable taxidermy mount
apparatus that includes a base and a taxidermy mount object. Claims 1 and
22 include a “wherein” clause reciting that the relationship between various
components permits at least one repositioning of the taxidermy mount object
via complex movement, including the “taxidermy mount object being
repositioned from a near to said base position to a far from base position.”5
The Examiner determined that claims 1 and 22 are indefinite because
the phrase “said base position” lacks an antecedent basis, meaning that the
claims do not include a previous recitation of “a base position.” Ans. 2, 6-7.
Appellant argues that claims 1 and 22 are not indefinite because “said”
4 Jensen (U.S. 4,561,339, issued Dec. 31, 1985).
5 Complex movement is movement along more than one axis. See Spec.
127.
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Appeal 2015-000421
Application 11/963,828
modifies the word “base,” and has antecedent basis in the previous recitation
of “a base.” App. Br. 4; Reply Br. 2.
We agree with Appellant. The claim term “said base” has antecedent
basis in the claim term “a base.” Read in context, the claims require that the
taxidermy mount object may be repositioned via complex movement from
one position (a near-to-said-base position) to another position (a far-from-
said-base position). The Specification does not describe a “base position”;
rather, the Specification describes that apparatus 20 permits animal bust 90
to be repositioned to a multitude of different positions, including, for
example, “animal bust 90 could be positioned near a wall or far from a
wall. ” Spec. ^ 28; see also ^ 22 (introducing “repositionable taxidermy
mount apparatus 20” and “mounted animal bust 90”), ^ 27 (describing that
base 30 or apparatus 20 may be mounted to a wall). Therefore, in parity
with the claim language, the taxidermy mount object (animal bust 90) is
repositionable from a position near the base/wall to a position far from the
base/wall.
Consequently, claim 1 is not indefinite as the Examiner contends.
Obviousness over Goettl and Walrath - Claims 1, 2, 4, 9, 12, 22—25, and 27
Obviousness over Goettl, Walrath, and Smed - Claims 5, 7, 8, and 26
Obviousness over Goettl, Walrath, and Jensen - Claims 10 and 11
Prior Decision
On December 17, 2012, the Board entered a prior decision regarding
this application (“the prior decision,” or “Dec.”). Three of the declarations
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Application 11/963,828
in consideration here (First Raby Decl., Hansen Decl., and Christiansen
Decl.) were considered for the prior decision, but the Second Raby
Declaration was not submitted or considered for the prior decision. The
three rejections at issue here are based upon the same prior art as the
rejections in the prior decision (