Appeal No. 1998-3289
Application 08/362,167
through 29, as amended subsequent to the final rejection
(Paper No. 10). Claims 3 and 19 have been canceled. Claims
8, 9, 12, 15 through 17, and 30 through 40, the only other
claims remaining in the application, stand withdrawn from
further consideration by the examiner, pursuant to 37 CFR §
1.142(b), as being drawn to a nonelected species.
Appellants’ invention addresses a ballpoint pen. An
understanding of the invention can be gained from a reading of
exemplary claims 1 and 18, copies of which appear in the
APPENDIX to the main brief (Paper No. 20).
As evidence of obviousness, the examiner has applied the
documents listed below:
Shea 3,418,057 Dec. 24,
1968
Hori 4,139,313 Feb. 13,
1979
Yokosuka 4,457,644 Jul. 3, 1984
Otsuka 4,842,433 Jun. 27, 1989
Kupferschmidt 91,516 Oct. 19, 1983
(European Patent)2
2Translation attached.
2
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