Appeal No. 96-2852
Application 08/055,573
The claims on appeal stand rejected under 35 U.S.C. § 103 as
follows:
a) claim 1 as being unpatentable over Millen in view of
Vernon and Lyle; and
b) claim 2 as being unpatentable over Millen in view of
Vernon and Lyle, and further in view of Baumgart.
Claim 1 recites a chalk box comprising, inter alia, a case
including a generally teardrop-shaped main body section having a
longitudinal axis and “an arched neck joining the main body
[section] along its longitudinal axis, wherein the arched neck
extends forwardly from the main body section and curves to one
side thereof.” One of the primary arguments advanced in this
appeal by the appellant (see pages 4 through 13 in the brief,
Paper No. 16) is that Millen, Vernon and Lyle do not disclose and
would not have suggested a chalk box having such a neck. In our
opinion, this argument is well founded.
Millen discloses
a chalk line retraction device 10 comprised of a hollow
casing indicated generally at 12 in which a chalk line
aperture 14 is formed. A chalk line winding drum or
reel 16 is mounted for rotation within the casing 12.
A flexible chalk line 18 has opposite ends 20 and 22.
The end 20 is secured to the hub of the drum 16 by
frictional engagement in a V-shaped crevice 24 therein,
as depicted in FIG. 2. The other end 22 of the chalk
line 18 emanates from the casing 12 through the chalk
line aperture 14 [column 3, lines 24 through 33].
3
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Last modified: November 3, 2007