Ex parte COLLINS - Page 6

          Appeal No. 96-3919                                                          
          Application 08/224,163                                                      

          claimed subject matter.  An objective of Downes is to convert the           
          pencil of a notebook into a page marker by rigidly connecting a             
          tubular clip or “cap” to the back of the book so that the tip of            
          a pencil may be received therein and the body of the pencil held            
          between the notebook’s pages.  To this end, the tubular clip is             
          provided with sharp prongs f or rivets (not shown) for rigidly              
          fastening the clip to the notebook’s back.  Manzardo, on the                
          other hand, does not disclose a cap for a writing implement for             
          any purpose, much less a cap for a writing implement that                   
          additionally functions as a bookmark.  Rather, Manzardo discloses           
          a specialized writing implement having a tab (element A  in the             
          Figure 1 embodiment, element C  in the Figure 2 embodiment,                 
          element E  in the Figure 3 embodiment) at the end opposite the              
          writing tip, which tab acts as a bookmark.  In order to hold the            
          writing implement in proper position so that the tab can function           
          in the manner intended, Manzardo provides a “cartridge” on either           
          the front edge of the cover (see element F  in Figure 7) or the             
          spine (see, for example, element B  in Figure 4) for receipt of             
          the writing implement.  Translation, page 2, lines 9-10 and 18-             
          20; page 3, lines 15 and 25-26; page 4, lines 13-15; page 5,                
          lines 3-4.                                                                  


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