Ex parte STONE - Page 9




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



               underside thereof, for attaching the tube holder to the                
               surface of the can 5. . . .                                            
                    A pair of spaced apart, upstanding tube grasping                  
               members 18 and 19, are integrally connected to the top                 
               surface of the base 14.  As best seen in FIG. 3, a                     
               spacing 15 between the members 18 and 19 is suitably                   
               dimensioned to receive the rodlike tube 12 therewithin.                
               The spacing 15 has at the top edges of the members 18                  
               and 19, a width H which is just slightly less than the                 
               outside diameter of the tube 12.  As shown in FIG. 3,                  
               the members 18 and 19 are inclined slightly toward one                 
               another, and are composed of resilient material [column                
               4, line 45 through column 5, line 3].                                  
               As best illustrated in Figure 2, the base 14 has a                     
          rectangular shape defined by a pair of relatively long opposite             
          lateral edges and relatively short opposite end edges.                      
               It would have been obvious to one of ordinary skill in the             
          art to modify the holder device disclosed by Copell by providing            
          it with a rectangular base portion having opposite lateral edges            
          and adhesive on its bottom surface as taught by Engvall in order            
          to adapt the device for adhesive connection to an underlying                
          support surface.  The resulting holder device would meet all of             
          the limitations in claims 1, 2, 7 and 9.                                    
               It also would have been an obvious matter of design choice             
          within the skill of the art to make Copell’s semi-circular                  
          recesses 13 triangular in cross-section as recited in claim 8.              
          The triangular recess cross-section has not been disclosed or               


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