Ex Parte RabyDownload PDFPatent Trial and Appeal BoardOct 26, 201711963828 (P.T.A.B. Oct. 26, 2017) Copy Citation 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 3 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. 5 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 6 Appeal 2015-000421 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 (Copy with citationCopy as parenthetical citation