Appeal No. 97-2148
Application 08/295,829
Claims 9 and 10 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Ayme in view of Fukui and Yokosuka, and
further in view of Levasseur.
The full text of the examiner’s rejections and response to
the argument presented by appellants appears on pages 3-6 of the
answer.
The opposing viewpoints of appellants are set forth on pages
5-14 of the brief.
The Rejection under 35 U.S.C. § 112, Second Paragraph
We will not sustain the rejection of claims 3, 5, 11 and 12
under 35 U.S.C. § 112, second paragraph.
Independent claim 1, from which rejected claims 3, 5, 11 and
12 depend, is directed to a nib conversion unit per se and does
not positively recite the main nib of the marker implement as a
part of the claimed conversion unit. Nevertheless, dependent
claims 3, 5, 11 and 12 each further describe, in one way or
another, the main nib of the inferentially recited marker
implement. For example, claim 5 reads “A nib unit as claimed in
claim 1, in which the main nib is formed from a plastics
material” (emphasis added).
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