Appeal No. 96-3480 Page 8
Application No. 08/142,381
spoon as shown in Figure 2. That is, when Tolman's shank 2 is
modified to be cylindrical as suggested by both Hartman and
Choppy, the substantially circular edge of the spoon would
have still been located in a plane approximately at a tangent
to one of the external qeneratrices defining the cylindrical
body.
Claim 3
We do not sustain the rejection of claim 3.
Dependent claim 3 adds to claim 1 or claim 2 the
limitation that the point of origin of any radius of the
active portion is located approximately in a plane that
contains the longitudinal axis of the cylindrical body.
The appellant argues (brief, pp. 11-12) that this
limitation is not disclosed or suggestion by the prior art.
We agree. This limitation requires that the center of
curvature of the hemispherical outer surface be located
approximately in the plane that contains the longitudinal axis
of the cylindrical body. The applied prior art does not teach
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007