Ex parte LARSEN - Page 6




          Appeal No. 1999-0652                                        Page 6           
          Application No. 08/699,262                                                   


               We do, however, agree with the appellant that Bross                     
          discloses neither an aperture in the tube (tubular barrel 1)                 
          proximate the distal end of the tube (the end opposite the                   
          open end from which the writing cartridges may be extended)                  
          nor a clip in the form of "a generally L-shaped tension tool"                
          having a shorter leg "constructed and configured to extend                   
          through" such an aperture.  Rather, the Bross clip is                        
          illustrated, in the Figure 1 embodiment, as comprising a ring                
          sandwiched between the distal end face of the tubular barrel                 
          (1) and the flange of a threaded connector (3) and, in the                   
          Figure 4 embodiment, as comprising a ring disposed in an                     
          annular groove or recess in a tubular collar (130).  Thus,                   
          even if Bross would have suggested providing a tension clip on               
          the Di Stefano barrel, the combined teachings of Di Stefano                  
          and Bross lack a suggestion to provide an aperture in the                    
          barrel proximate the distal end thereof for passage of the                   
          shorter leg of the clip and to configure the tension clip as                 
          "a generally L-shaped tension tool."3                                        

               A "tension tool" as described in the appellant's specification is a3                                                                      
          tool having a shorter leg which is inserted into the lock plug to apply      
          tension to the plug, presumably by using the longer leg as a lever arm.  A   
          clip, such as that taught by Bross, having a ring attached to the shorter leg
                                                                (continued...)         







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