Appeal 2007-0796
Application 10/236,088
Tape 12 is made of cloth or other material (Joseph, col. 2, ll. 17-18). In use,
tape 12 is first pulled out to the desired length (Joseph, col. 3, ll. 7-8).
Claims 11, 12, 14-17 and 19-22:
Appellant argues that Joseph fails to teach an apparatus comprising
one of a cap and a container having an outer cylindrical wall and an inner
cylindrical wall wherein the interior surface of the outer cylindrical wall and
an exterior surface of the inner cylindrical wall define an annular housing
within which an elongated member is disposed, as recited in claim 11 (App.
Br. 24). In particular, Appellant contends the Examiner fails to point to a
portion of Joseph teaching the claimed annular housing defined by the
cylindrical walls having an elongated member disposed within the annular
housing. Id.
In response, the Examiner asserts that bottom 3 and wall 5 form the
outer cylindrical wall and drum 11 is the inner cylindrical wall and that an
elongated member (tape 12) is disposed in an annular housing defined
between the inner cylindrical wall and outer cylindrical wall (Ans. 18). The
Examiner's position is well supported by the teachings of Joseph, as
indicated above, and fully responds to Appellant's argument. Appellant
provides no response to the Examiner's assertion in the Reply Brief.
In light of the above, Appellant's argument fails to demonstrate error
in the Examiner's rejection of claim 11, or claims 12, 14-17 and 19-22 which
Appellant has not argued separately from claim 11. The rejection is
sustained as to these claims.
Claims 25-28:
Appellant's only argument with respect to the rejection as to claims
25-28 is that Joseph fails to teach or suggest a method comprising pulling a
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