Ex Parte Konen - Page 5



             Appeal 2007-1870                                                                                   
             Application 10/688,449                                                                             
             working end of the tool (Bond, col. 2, ll. 38-41).  In particular, Bond discloses,                 
             with reference to Figure 8, ordinary pliers 60 with a pair of handles 62a and 62b                  
             and a working end 64 (Bond, col. 4, ll. 52-54).  Bond discloses indicia 68 located                 
             on handle 62a and indicia 69 located on the opposite handle 62b that indicate the                  
             configuration of the working end or tool head (Bond, col. 4, ll. 56-61).                           
             Alternatively, Bond teaches that indicia 70 can be formed on a blunt end 72 of                     
             either handle 62a or 62b (Bond, col. 4, ll. 63-66).  Bond teaches that indicia located             
             on the butt end of a tool “will be most useful when used in conjunction with a tool                
             belt or tool pouch” because the butt of the tool will face upwards towards the                     
             user’s line of vision when stored in the belt or pouch (Bond, col. 5, ll. 54-61).                  
             Bond does not disclose the inner surfaces of the pliers being convex relative to one               
             another at least at an end portion adjacent a free end, where the indicia are located              
             on the convex end portion of the inner surface of at least one handle.                             
                   Ohno discloses a hand tool, as shown in Figure 2 reproduced below, having                    
             handle grips 20 (Ohno, col. 3, l. 1).  As noted on the annotated Figure 2 below, the               
             handles include inner surfaces, i.e., surfaces in facing relation, and free ends.  As              
             visible in Figure 2, the inner surfaces turn outwardly toward the free ends such that              
             they are convex relative to one another at end portions thereof adjacent the free                  
             ends of each handle.  The convex surfaces, however, are still in facing relation to                
             each other and protected by the facing presence of the opposite handle so that a                   
             user’s palm and fingers will not engage these convex surfaces during normal, one-                  
             handed use.  As such, Ohno’s convex surfaces form end portions of the inner or                     



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