Ex parte STONE - Page 7




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



               Copell discloses a general purpose holder device for                   
          receiving and holding articles such as “pipes, tooth brushes,               
          toilet appliances and similar elements” (page 1, column 2, lines            
          8 through 10).  The device consists of a body 10 preferably made            
          of rubber or a similar material.  The body includes an opening 12           
          for receiving the article and carries a mounting strip 17 which             
          may be embedded into the surface of an underlying support to                
          affix the body thereto.  The opening 12 may define recesses or              
          grooves 13 to accommodate oval-shaped articles.  As best shown in           
          Figure 3, Copell’s body has a base portion, a pair of resilient             
          wing portions joined to the base portion along a junction                   
          location, and a longitudinally extending channel having opposite            
          open ends and a longitudinal mouth.                                         
               Copell’s holder device meets all of the limitations in                 
          claims 1, 2 and 7 through 9 except for those requiring the base             
          portion to have opposite lateral edges (claim 1) and an adhesive            
          layer on its bottom surface (claim 2), and the grooves to be                
          triangular in cross-section (claim 8).  In this regard, the base            
          portion of Copell’s device lacks any apparent opposite lateral              
          edges and adhesive on its bottom surface, and Copell’s recesses             
          or grooves 13 are semi-circular in cross-section.                           


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