Appeal No. 200-0713
Application No. 09/494,935
Each of appellant’s independent claims 1, 4, 7, 8, 11, 14,
15, 16, 17, 34 and 37 sets forth, inter alia, the feature of an
end stop (means) “for maintaining” the upward turn of the edges
of a retractable measuring tape (means); dual recitations of “for
maintaining” appear in claims 14 and 15.2
Clearly akin to appellant’s retractable tape measure, the
direct measurement steel rule of Anderson (Figs. 1 and 2)
provides gradations and numbers on both sides of a convex-concave
rule member 10, with the edges of the concave face of the rule
member being turned upward toward a side of the tape casing.
However, Anderson lacks the end stop feature “for maintaining”
the upward turn of the edges. Instead, Anderson specifically
provides a lever 32' (with a hook 32) that can be swung sideways
to enable direct inside readings to be taken of an object, while
direct outside readings can be taken when the hook 32 itself
engages the edge of the object to be measured. It is quite
apparent to us that the swingable lever 32 of Anderson is an
essential component of the steel rule since it allows the direct
2 This feature forms the basis of a new ground of rejection
under 35 U.S.C. § 112, first paragraph (lack of descriptive
support), infra.
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