Ex Parte Konen - Page 2



             Appeal 2007-1870                                                                                   
             Application 10/688,449                                                                             
                                         SUMMARY OF DECISION                                                    
                   We AFFIRM.                                                                                   

                                              THE INVENTION                                                     
                   Appellant’s claimed invention is to a hand tool having indicia or markings                   
             used to identify the particular type of tool.  In particular, the hand tool has at least           
             two handles and a marking located on a protected surface of one or more of the                     
             handles (Specification 1:[0001]).  Specifically, the marking is located on an inner                
             or protected surface of the handle so that it is not susceptible to wear and abrasion              
             and is not obscured from view by adjacent tools (Specification 1:[0003], [0004]).                  
                   Claim 1, reproduced below, is representative of the subject matter on appeal.                
                                1.  A hand tool having two handles pivotably                                    
                          connected to one another, the handles terminating at a                                
                          free end, each handle having first and second planar                                  
                          surfaces joined by inner and outer surfaces, said inner                               
                          surfaces being the portions of said first and second                                  
                          handles facing each other, said inner surfaces being                                  
                          convex relative to one another at least at an end portion                             
                          adjacent the free end, and indicia located on the convex                              
                          end portion of the inner surface of at least one of said                              
                          handles and indicating the type of said tool.                                         

                                              THE REJECTION                                                     
                   The Examiner relies upon the following as evidence of unpatentability:                       
                    Ohno                       US 3,675,359                    Jul. 11, 1972                    
                    Bond                       US 5,421,224                     Jun. 6, 1995                    


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