Ex parte GIORDANO et al. - Page 2




          Appeal No. 96-3920                                                          
          Application 08/151,891                                                      


               Appellants’ invention pertains to a marking pen, a method              
          of unclogging a marking pen, and to a method of using a                     
          marking pen.  An understanding of the invention can be derived              
          from a reading of exemplary claims 1, 8 and 10, copies of                   
          which appear in the “APPENDIX” to the main brief (Paper No.                 
          14).                                                                        

               As evidence of obviousness, the examiner has applied the               
          documents listed below:                                                     

          Gaines              1,271,457                     Jul. 02, 1918             
          Bok                 3,905,709                     Sep. 16, 1975             
          Abe et al.  (Abe)   4,568,214                     Feb. 04, 1986             
          Dahm                     1,811,081                     Jun. 11,             
          1970                                                                        
          (Germany) 2                                                                 
          Hong                     2,194,138                     Mar. 02,             
          1988                                                                        
          (Great Britain)                                                             

               The following rejections are before us for review.                     
               Claims 1 through 3, 5, 6, 8, and 10 through 12 stand                   
          rejected under 35 U.S.C. § 103 as being unpatentable over the               


               Our understanding of this document is derived from a reading of a2                                                                     
          translation thereof prepared for the United States Patent and Trademark     
          Office.  A copy of the translation is appended to this opinion.             
                                          2                                           





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