Ex parte COLLINS - Page 2

                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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Last modified: November 3, 2007