Package and article carriers – Carried by animate bearer – Article held by receiver
Reexamination Certificate
2003-01-31
2004-07-20
Elkins, Gary E. (Department: 3727)
Package and article carriers
Carried by animate bearer
Article held by receiver
C224S652000, C224S653000, C224S913000
Reexamination Certificate
active
06763987
ABSTRACT:
CROSS-REFERENCE TO RELATED APPLICATION
Not Applicable
STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT
Not Applicable
REFERENCE TO SEQUENCE LISTING, A TABLE, OR A COMPUTER PROGRAM LISTING COMPACT DISC APPENDIX
Not Applicable
BACKGROUND OF THE INVENTION
The invention relates to backpacks. In particular, the present invention relates to a backpack which is designed to have the dual utility of carrying a long barreled firearm as well as a load of varied cargo, and furthermore allows rapid access to and use of said firearm without removal of the backpack from the user's back. This combined capability is most useful for the activity of hunting, wherein a user will often be carrying some sort of backpack filled with the sundries necessary to the outing, and simultaneously carrying a long gun type of firearm. These latter are often fitted with a single strap or sling, which permit them to be slung over a user's shoulder in order to relieve the user's hands of a constant burden. It can readily be imagined that the shoulder straps and bulk of a backpack generally cause direct interference with the carriage of a long gun over one's shoulder. There have been some attempts to address this problem, with varying degrees of success. A common handicap in the prior art is that the mechanisms devised for attaching a firearm to a backpack generally require the removal of the backpack from the wearer's back in order to detach the firearm from its carriage. In hunting, it is frequently necessary to have quick and ready access to one's firearm, and products in the prior art do not facilitate this.
It is further presented that for purposes of safety as well as for the purpose of the protection of valuable firearms while actively hiking while hunting, it is necessary and beneficial to have the firearm enveloped in some type of protective surround whereby passing branches won't protrude into the firing mechanism of the firearm, and also won't be permitted to scratch and mar the finish of the gunstock, which is frequently made of wood.
Another obstacle in the art is that most rifles, shotguns, and other long gun firearms are of sufficient length that they are generally an encumbrance to activity regardless of where they are stowed. If they are attached to a backpack, they often will stick up too high and thereby snag overhead branches as the wearer passes under. If they are too low, they tend to bump and collide with the user's legs, or to hit logs, rocks, and the like that the user is stepping over.
There is a long history and variety of backpacks and related devices for carriage of loads upon the human back, and the prior art is widely explored, known, and developed. Their size and dimension ranges from a small, compact variety known as daypacks, such as disclosed in U.S. Pat. No. 5,573,166 to Leja, to larger packs designed for carrying heavier and more bulky loads such as disclosed in U.S. Pat. No. 6,179,188 to Gleason. Any and all of these will cause the aforementioned interference with the carriage of a long gun.
There is similarly a long and varied history of means and mechanisms for carriage of long guns, some of which include some type of backpack-based storage. Most often, a variety of straps are used to attach a gun either to a simple platform as disclosed in U.S. Pat. No. D311,813 to Oliver, U.S. Pat. No. 4,754,904 to Fischer, et al., or similar strap combinations might be used to attach a firearm to a backpack. These varieties typically require the manipulation of a number of straps both to attach and to remove the firearm from the carriage, thus being examples of devices that are not well suited to the active pursuit of game. Similar devices are disclosed in U.S. Pat. No. 5,664,721 to Homeyer, and U.S. Pat. No. 5,669,170 to Norris.
Other devices have been developed which attempt to maintain the firearm in a ready position while relieving one's hands of the constant burden of carriage, as for example disclosed in U.S. Pat. No. 6,152,338 to Smith, wherein straps and a spatula type of structure are used to support a firearm in a carriage position forward of the user's shoulders. While this device may serve to function in combination with a backpack and does place the firearm in a position of ready access, it does not provide a protective surround for the firearm. Further, if while using a device of this variety a user came across game, he would still have to unfasten one or more straps in order to have free use of his firearm. In addition, it may be felt that having the firearm positioned forward of the shoulder places it in a position of obstruction and causes interference with one's activities.
Examples in the prior art which attempt to address carriage of a long gun in a manner that either protects it or positions it out of a user's way generally do not permit the simultaneous carriage of a backpack or load other than the firearm. For instance, as disclosed in U.S. Pat. No. 5,016,793 to Derkatz, the firearm is to be housed in a standard scabbard, which has been fitted with shoulder straps for carriage. In this case, there is no provision for carriage of an additional load, such as a hunter would typically need in a day's outing, nor is the described harness sufficient to comfortably carry significant cargo. The device as disclosed could not be fitted with significant cargo carrying capacity, and further would preclude the carriage of a backpack or waist pack. Another example is disclosed in U.S. Pat. No. 5,806,742 to Mott, et al., wherein a described gun case is fitted with backpack style shoulder straps. While this device is suitable for the transportation of a firearm, it would not be suitable for active hunting, as the case is designed to be of flexible construction, which causes it not to function as a scabbard, since the flexible cloth will act as an impediment to the rapid withdrawal of the firearm. In addition, it is fitted with a cover flap and closure strap, which obviate that it is not designed for the rapid removal of the contents. Further, this device is designed without the intent of bearing a load greater than the firearm and some small associated items such as ammunition, does not provide for the storage capacity of any type of backpack, and precludes the simultaneous use of a separate backpack.
There are examples of backpacks that have been designed to carry a combination of sundries and some sort of bulky elongated article, such as disclosed in U.S. Pat. No. 4,693,402 to Comeau and U.S. Pat. No. 6,367,674 to Tabor. These are generally light duty and are not designed or apparently envisioned with the mechanical and physical attributes necessary for the carriage of a long gun type of firearm.
It can readily be appreciated that in the sport of hunting, participants frequently range far afield on foot, and often desire to carry in a backpack a range of goods necessary to the outing. These can include camping gear, survival equipment, inclement weather gear, water, and food stocks, as well as the sundries devoted to the sport of hunting. This gear and these packs can be quite bulky, and as previously shown can interfere with the traditional over-the-shoulder sling carriage of a long gun. It can further be imagined that when climbing hills, passing through thick brush, and the like, the use of both hands is desirable, and that for reasons of safety, convenience, and the relief of fatigue, it is desirable to stow one's firearm in a place that keeps it safe and out of the way, but still maintains it in a ready position in the event that one has an unexpected encounter with game.
It is submitted that the present invention substantially meets these needs, and is a new, original, and unique departure from the prior art, and that it will be embraced with enthusiasm by those avid participants in the sport of hunting who prefer to hike about on their feet.
BRIEF SUMMARY OF THE INVENTION
The present invention is a backpack which is capable of simultaneously carrying a load of miscellaneous cargo an
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