11130510 (B.P.A.I. Sep. 20, 2010)

Ex Parte Murchison

Board of Patent Appeals and InterferencesSep 20, 2010

11130510 (B.P.A.I. Sep. 20, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte MICHAEL MURCHISON ____________ Appeal 2009-008724 Application 11/130,510 Technology Center 3600 ____________ Before: JENNIFER D. BAHR, STEFAN STAICOVICI, and KEN B. BARRETT, Administrative Patent Judges. BAHR, Administrative Patent Judge. DECISION ON APPEAL1 1The two-month time period for filing an appeal or commencing a civil action, as recited in 37 C.F.R. Â§ 1.304, or for filing a request for rehearing, as recited in 37 C.F.R. Â§ 41.52, begins to run from the "MAIL DATE" (paper delivery mode) or the "NOTIFICATION DATE" (electronic delivery mode) shown on the PTOL-90A cover letter attached to this decision. Appeal 2009-008724 Application 11/130,510 2 STATEMENT OF THE CASE Michael Murchison (Appellant) appeals under 35 U.S.C. Â§ 134 (2002) from the Examiner's decision rejecting under Â§ 102(b) claims 1-4 and 7-20 as anticipated by Wood (US 3,393,468, iss. Jul. 23, 1968), and under Â§ 103(a), claims 1-20 as unpatentable over Wood and Marks (US 5,979,105, iss. Nov. 9, 1999) and claims 1-3, 8-16, and 18-20 as unpatentable over Wood and Drought (US 1,505,996, iss. Aug. 26, 1924). We have jurisdiction over this appeal under 35 U.S.C. Â§ 6 (2002). Claim 1 is representative of the claimed invention. 1. An animal trap apparatus, comprising: an enclosure having a passageway configured to receive an animal to be trapped therein, the passageway being configured to direct the at least one animal toward the center of the enclosure; a door disposed within the passageway, the door being configured with a pivotal end to allow the animal to enter the enclosure by pivoting the door from a closed position to an open position, the door being sized to block the passageway sufficiently to prevent the animal from escaping from the enclosure once the animal has entered the enclosure and the door has returned to the closed position; a bias mechanism which biases the door to the closed position[,] the bias mechanism integral to the pivotal end; and an extension end of the door disposed distal the pivot end, the extension end extending exterior to the enclosure when the door is in the closed position, the extension end configured to prevent the animal trapped within the enclosure from operating the door once the animal has entered the enclosure and the door is biased to the closed position. SUMMARY OF DECISION We REVERSE. Appeal 2009-008724 Application 11/130,510 3 ISSUE In each rejection, in relevant part, the Examiner relies on the disclosure of Wood to describe an animal trap having an extension of a door "extending exterior to the enclosure when the door is in the closed position," as recited in independent claim 1, and substantially recited in independent claims 8 and 14. See Ans. 4, 8. Appellant, in relevant part, argues that Wood does not describe a door extending exterior of the enclosure. Appeal Br. 20. Appellant makes the same argument for each rejection. Id. at 24, 29. Thus, the dispositive issue in this appeal is whether Wood describes an animal trap having a door extension extending outside (exterior to) the enclosure when the door is closed, as required by independent claims 1, 8, and 14. OPINION The Examiner found that the extensions 32 of the door in Wood extend below entrance plate 16 and are thus exterior to the entrance defined by entrance plate 16, rod 24, integral angle member 30, and side members 42. See Ans. 4; see also Wood, figs. 1, 3. The Examiner read the claimed "enclosure" on the entranceway formed by entrance plate 16, rod 24, integral angle member 30, and side members 42. Ans. 4. However, "enclosure," read in light of the Specification, is clearly referring to the trap as a whole, that is, the portion of the trap which encloses the animal. See, e.g., Spec., paras. 24-25 ("enclosure 101 may be formed with sidewalls ... that are configured to trap animals therein"). The structure in Wood identified by Appeal 2009-008724 Application 11/130,510 4 the Examiner as an "enclosure" (Ans. 4) does not surround an animal on all sides2; it is a passageway into the trap. We find that the "enclosure" in Wood is the wire trap 10 intended to contain (or enclose) the animal, formed to include bottom wire 12. See col. 2, ll. 26-33, 42-46, fig. 1. As can be seen in figure 3, the extensions 32 of the closed door in Wood extend beyond the entrance plate 16, but are above bottom wire 12 which serves as the floor of the trap 10. Thus, the extensions 32 are within the "enclosure" of trap 10 when the door is closed. As such, we are persuaded that the Examiner erred in finding that Wood describes door extensions extending exterior to the enclosure when the door is in the closed position. DECISION We reverse the Examiner's decision regarding claims 1-20. REVERSED 2 A dictionary definition of enclose is "[t]o surround on all sides; close in," "[t]o contain, especially so as to envelop or shelter." The American HeritageÂ® Dictionary of the English Language (2007) (retrieved from http://www.credoreference.com/entry/hmdictenglang/enclose) (last visited Sep. 10, 2010). Appeal 2009-008724 Application 11/130,510 5 hh BELASCO, JACOBS & TOWNSLEY, LLP HOWARD HUGHES CENTER 6701 CENTER DRIVE WEST 14th Floor LOS ANGELES, CA 90045