Ex parte STONE - Page 8




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



               The appellant’s arguments that Copell’s recesses or grooves            
          are not located proximate the respective junction locations                 
          between the wing and base portions and would not permit                     
          deflection of the wing portions away from one another to reduce             
          bending moments on the base portion as recited in claim 1 (see,             
          for example, page 8 and 9 in the main brief and page 4 in the               
          reply brief) are not well taken.  Copell’s Figure 3 clearly shows           
          that grooves 13 are located proximate the respective junction               
          locations between the wing and base portions as broadly recited             
          in claim 1.  Moreover, it is not apparent, nor has the appellant            
          pointed out, why such grooves would not function to permit                  
          deflection of the wing portions away from one another to reduce             
          bending moments on the base portion.                                        
               Engvall discloses a holder device adapted to be secured to             
          an aerosol can to hold an extension tube while not in use.  As              
          described by Engvall,                                                       
                    [w]hile the holder 10 is intended to be affixed to                
               an aerosol container, and is intended to hold an                       
               extension tube, it will become apparent to those                       
               skilled in the art that the holder may be affixed to                   
               other supporting surfaces, and that the inventive                      
               holder could be adapted to support other types and                     
               kinds of rodlike members, such as broom handles, tool                  
               handles, and others.                                                   
                    With reference now to FIGS. 2-4, the tube holder                  
               10 has a base 14, with an adhesive layer 21 on the                     

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