Appeal No. 96-2852
Application 08/055,573
Millen’s casing 12 can be said to include a main body
section (which encloses the drum 16) and a neck (which includes
the chalk line aperture 14) extending forwardly from the main
body section (see Figures 1 and 3). This neck, however, is not
arched and does not curve to one side of the main body section as
required by claim 1.
Vernon discloses a chalk line holder having a line opening
12 consisting of a straight tubular structure extending at an
angle from the main body section of the holder as shown in
Figure 1.
Lyle discloses a measuring tape device having a tape opening
defined by an L-shaped extension 7 extending from the main body
section of the device.
In explaining the rejection of claim 1, the examiner states
that
Millen discloses substantially similar structure,
except for the neck dispensing at an angle. Dispensing
at an angle is disclosed by Vernon and Lyle. It would
have been obvious to a mechanic with ordinary skill in
the art to angle the neck of Millen to dispense at an
angle. The motivation is provided by the secondary
references. It is noted that no patentable moment is
derived from the specified shape of an article in an
utility application (In re Dailey et al 149 USPQ 47)
[answer, Paper No. 17, page 2].
It is not apparent, however, nor has the examiner explained,
how or why Vernon’s disclosure of a chalk line holder having a
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