Appeal No. 97-0695
Application No. 08/273,466
ordinary skill in the art at the time of the appellants'
invention to form the serrations on the head mounting sections
20 of Janssen by making a plurality of cuts in at least one
row, each cut being formed as herringbone (e.g., chevron-
shaped), pointing backwardly away from the handle end as
suggested and taught by Ager.
Dependent claim 5 adds to claim 3 the limitation that
the step of forming barbs on one end of said strip
includes a step of forming at least four barbs with
at least two of said four barbs being cut into a
periphery of the strip near the one end in spaced
apart relation from each other but in a common plane
at an angle to a longitudinal axis of the strip to
provide support within the pad on either side of the
strip.
The appellants' argument (brief, p. 20) that neither Ager
nor Janssen has a teaching which defines the location of the
cuts/barbs so as to insure that once the end of the handle is
inserted into the pad, the herringbone cuts/barbs provide an
even grip is unpersuasive for the following reasons. First,
the argument is not commensurate in scope with the claim
language in that claim 5 does not call for either herringbone
cuts/barbs or that the cuts/barbs provide an even grip.
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