Appeal No. 97-0149
Application 08/308,711
rejection of claims 1-5, the only claims present in the
application. We affirm-in-part.
The appellant’s invention pertains to a ballpoint pen which is
designed to be received in a credit card receiving pocket of a
pocket book. Independent claim 1 is further illustrative of
the appealed subject matter and reads as follows:
I. A ballpoint pen comprising an elongate, onepiece
plastic body containing an elongate writing
cartridge extending along a substantially central
location thereof and, a plastic cap, the body being
thin, and substantially rigid, having front, writing
and rear longitudinal ends joined by respective,
rearward diverging opposite side edges which diverge
for a majority of an entire length of the body so as
to provide a broad, flat, blade-like, hand engaging
rear portion and the body tapering in thickness as
it extends outward to opposite side and rear edges
forming a narrow, peripheral insertion edge, the pen
having an overall length, with the cap assembled,
which is substantially equal to a conventional
credit card, enabling the pen to fit snugly in a
credit card receiving pocket of a pocket book.
The references relied on by the examiner are:
Perlmutter Des. 195,924 Aug. 06, 1963
McKnight 3,994,605 Nov. 30, 1976
Mori Des. 276,479 Nov. 27, 1984
Vinck Des. 302,985 Aug. 22, 1989
Ellis Des. 329,458 Sep. 15, 1992
Claims 1 and 2 stand rejected under 35 U.S.C. § 103 as
2
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007