Appeal No. 97-2148
Application 08/295,829
Appellants’ invention pertains to an auxiliary nib unit
having a relatively thin nib for use in conjunction with a marker
implement having a relatively broad nib. When attached to the
marker implement, the relatively thin nib of the auxiliary unit
engages the nib of the marker implement to convert the implement
into one having a finer nib. Independent claim 1, a copy of
which is appended to appellants’ brief, is exemplary of the
claimed subject matter.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Yokosuka et al. (Yokosuka) 4,913,175 Apr. 3, 1990
Ayme 1,005,487 Sept. 22, 1965
(British Patent)
Levasseur 2,489,753 Mar. 12, 1982
(French Patent)
Fukui 2,148,200 May 30, 1985
(British Patent)
Claims 3, 5, 11 and 12 stand rejected under 35 U.S.C. § 112,
second paragraph, “as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which applicant regards as the invention” (answer, page 3).
Claims 1-8, 11 and 12 stand rejected under 35 U.S.C. § 103
as being unpatentable over Ayme in view of Fukui and Yokosuka.
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