Appeal No. 96-3919
Application 08/224,163
Appellant’s invention pertains to the combination of a
writing implement and a cap for removably receiving the writing
tip of the writing implement (claims 1-5 and 14) , and a cap for 2
removably receiving the writing tip of a writing implement
(claims 12 and 13). The cap includes a blade portion for receipt
between the pages of a book for acting as a bookmark.
Independent claim 1 is illustrative of the appealed subject
matter and reads as follows:
1. In combination:
a writing implement comprising an elongated body and a
writing instrument situated at one end of said body; and
a cap comprising a body portion and a recess in said body
portion for removably receiving a tip of said writing instrument
when not in use, said cap further including an arm portion
extending outwardly from said body portion and a blade portion
extending downwardly from said arm portion so as to be positioned
in spaced relation to said writing implement when said cap is
assembled with said writing implement, said blade portion
extending in a plane which is generally perpendicular to a
centerline of said body portion.
said cap being slidably received over a spine of a book
wherein said blade portion of said cap extends downwardly between
pages of a book and said writing implement extends downwardly
along an outside surface of a book spine.
2The preamble of dependent claims 2-4 is inconsistent with
the preamble of claim 1, from which these claims depend. For
purposes of this appeal, we have interpreted claims 2-4 as being
directed to “The combination of claim 1, . . . .” In the event
of further prosecution, this inconsistency should be rectified.
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