Ex parte BACON - Page 4




          Appeal No. 97-3998                                                          
          Application 08/302,168                                                      


               inserted within opening 108, and slid within slit                      
               106.  The opposing side walls of slit 106 are in                       
               mutual contact, whereby these side walls press                         
               against both sides of the sheet when inserted.  As                     
               the sheet is inserted fully into 106, the sheet edge                   
               will be marked.  Drawing the sheet in either                           
               direction produces continuous lengthwise markings.                     
                    An alternative embodiment of the invention can                    
               be seen in FIG. 2.  Marker 200 includes a barrel 252                   
               which                                                                  
               houses four fibrous, porous members 254(a-d).  Openings                
               256(a-d) are disposed to expose slits 258(a-d), which are              
               disposed proximate the end of barrel 252.  In a preferred              
               embodiment, fibrous, porous members 254(a-d) are of                    
               different colors.  While four fibrous, porous members are              
               shown, it should be understood that any number of such                 
               members may be used.  Openings 256(a-d) and slits                      
               25[8](a-d) may be disposed at different positions                      
               relative to the end of barrel 252.  This facilitates the               
               insertion of a sheet within the desired opening.  To                   
               easily distinguish between different colors or types of                
               marking material exposed by each of the openings 256(a-                
               d), the outer covering of the barrel 252 may be                        
               appropriately marked, as by color coding.  Marker 200 is               
               shown as a sealed container with a closure 260 disposed                
               at the end closest to openings 256(a-d).  In this                      
               embodiment there may additionally be a nib such as is                  
               shown in FIG. 1.  Moreover, a cap such as 112, may be                  
               appropriately shaped to cover openings 256(a-d).                       
                    As can be seen in FIG. 1, nib 110 is provided                     
               with a slit extending transverse to the axis of the                    
               marker barrel 102.  A sheet may be drawn through                       
               this slit to mark in a similar manner as slit 106,                     
               or 258(a-d) [column 2, lines 9 through 48].                            
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of                       
                                         -4-                                          





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