Appeal No. 95-4673
Application 08/097,759
This is a decision on appeal from the examiner's final
rejection of claims 10 through 20. Subsequent to the Notice of
Appeal (Paper No. 9) and in response to an amendment filed
January 13, 1995 (Paper No. 10), the examiner, in an advisory
action mailed February 24, 1995 (Paper No. 11), has indicated
that the rejection of claims 10 through 20 on non-reference
grounds (i.e., under 35 U.S.C. § 112, second paragraph) has
been overcome and that claims 13 and 17 through 20 are now
objected to as being allowable subject to being rewritten in
independent form. Accordingly, the appeal as to claims 13 and
17 through 20 is dismissed, leaving only claims 10 through 12
and 14 through 16 for our consideration on appeal. Claims 1
through 9 have been canceled.
Appellant's invention relates to a paint can holding
device which can be suspended from a person's belt, support a
paint can from the paint can's handle attachment members, and
provide pivot means for keeping the paint can upright.
Independent claim 10 is representative of the subject matter
on appeal and a copy of that claim, as it appears in the
Appendix to appellant's brief, is attached to this decision.
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