Appeal No. 2006-2074
Application No. 10/158,197
OWENS, Administrative Patent Judge, dissenting.
Sanelli discloses a knife set wherein each knife has, on its butt end, an
insert (50a, 50b) that is marked with either a color code or a symbol to
identify a predetermined typology of foodstuff for which the knife must be
used (col. 8, lines 19-25). It is undisputed that it would have been obvious
to one of ordinary skill in the art to store Sanelli’s knives in Howell’s knife
block (10) (declaration of Scott Fedor, ¶ 4).
The appellants argue that Sanelli’s knives having the same color insert
(or symbol) may be of different sizes and types (brief, pages 7-8).2 The
appellants’ claims do not exclude knives of different sizes and types having
on their butt ends the same color or symbol. The claims merely require that
a marking on a first knife is different from a marking on a second knife, and
that the markings indicate at least the type or length of the blade. The
knives, for example, can be marked “K” for “kitchen” and “S” for steak,
both of which are in the appellants’ set (exhibit E, first page). The kitchen
knives can be different types and have different sizes. Even if a marking is
peculiar to one type of kitchen knife, the same marking can be placed on
knives having different sized blades. For example, an “M” marking can
appear on meat knives having 8” and 10” blades.
2 Citations herein to the brief are to the supplemental brief filed May 23, 2005.
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