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. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007