Ex parte BARBERG - Page 11




          Appeal No. 96-3407                                                          
          Application 08/325,549                                                      



               removal/interchanging of the spool of material from                    
               the container and so that the inner end of the wound                   
               material is accessible such as for use as an                           
               extension cord . . . .  [Page 6.]                                      
               We must point out, however, each of the claims under                   
          consideration requires that the bottom plate of the spool be                
          freely resting on, but not attached to, the base of the                     
          container or bucket.  There is nothing in Chong which either                
          teaches or suggests such an arrangement.  In Chong, the                     
          "spool" is a turntable 26 with a cone 30 formed integrally                  
          thereon and is described as being "rotatably mounted on and                 
          withing pan 16" (column, lines 34 and 35; emphasis ours).   As              
          we have noted above with respect to the rejection of claims 1,              
          16 and 17 under § 103, there is nothing in Harrill which would              
          overcome the deficiencies of Chong.  Accordingly, we will not               
          sustain the rejection of claims 18, 19, 22, 22, 24, 26, 33,                 
          34, 36 and 37 under 35 U.S.C. § 103 as being unpatentable over              
          Chong in view of Harrill.                                                   
               Under the provisions of 37 CFR § 1.196(b) we make the                  
          following new rejection.                                                    
               Claims 1, 16 and 17 are rejected under 35 U.S.C. § 112,                


                                         11                                           





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007