Ex parte GIORDANO et al. - Page 8




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


          appellants.  More specifically, Gaines overcomes the problem6                                                                
          of clogged holes in a tip by using a finger to close off a                  
          small opening (air vent) 17 and exert pressure on a rubber                  
          bulb 15 to increase air pressure in the ink reservoir to force              
          fluid through the openings in the tip for effectually cleaning              
          the instrument.  Of course,   the structure of Gaines differs               
          from the structure now claimed.                                             

               Since a prima facie case of obviousness has not been                   
          established, we need not address the argued secondary                       
          considera-tions (main brief, pages 10 through 12 and reply                  
          brief, pages 3 through 5).                                                  
                                                                                     
               In summary, this panel of the board has:                               

               reversed the rejection of claims 1 through 3, 5, 6, 8,                 
          and 10 through 12 under 35 U.S.C. § 103 as being unpatentable               
          over the German reference in view of Abe, the British                       
          document, and Gaines; and                                                   



               Appellants overcome the problem of clogging of marker tips or nibs by6                                                                     
          applying pressure to a reservoir to force clogging material from the pores of
          the nib and effectively unclog the nib (specification, pages 1 and 2).      
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