Ex parte STONE - Page 2




                Appeal No. 96-1511                                                                                                            
                Application 08/063,919                                                                                                        



                         This appeal is from the final rejection of claims 1 through                                                          
                5, 7 through 12 and 16 through 20, all of the claims pending in                                                               
                the application.2                                                                                                             
                         The invention relates to “a holder device for securely                                                               
                retaining a writing implement, such as a pen, pencil, marker and                                                              
                the like, to a support surface, such as at a location nearby to a                                                             
                telephone, copy machine, notebook, etc.” (specification, page 5).                                                             
                Claim is 1 illustrative and reads as follows:                                                                                 
                         1.  A holder device mountable on a support surface of a                                                              
                support and adapted to removably secure elongated writing                                                                     
                implements thereto, the holder device comprising:                                                                             
                         a base portion having opposite lateral edges and adapted to                                                          
                mount on said support surface; and                                                                                            
                         a pair of resilient wing portions each jointed to said base                                                          
                portion longitudinally along a junction location, said wing                                                                   
                portions extending away from said base portion and converging                                                                 
                toward one another to terminate in a free wing edge so that said                                                              
                wing portions and said base portion define a longitudinally                                                                   
                extending channel sized to receive an elongated writing                                                                       
                implement, said channel having opposite open ends and a                                                                       
                longitudinal mouth located between said wing edges whereby said                                                               
                writing implement may be inserted through said mouth and retained                                                             
                within said channel, and including a longitudinal groove formed                                                               
                proximate to each respective junction location in said channel,                                                               

                said grooves operative to permit deflection of said wing portions                                                             
                away from one another thereby to reduce bending moments of force                                                              
                on said base portion when said writing implement is inserted                                                                  
                through said mouth.                                                                                                           

                         2Claim 1 has been amended subsequent to final rejection.                                                             
                                                                      2                                                                       





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