Ex parte SIMMONS - Page 2




          Appeal No. 97-2456                                                          
          Application 08/424,064                                                      


          indicia thereon to facilitate the measurement of fractional                 
          lengths with a minimum of errors and loss of time”                          
          (specification, page 1).  Claim 1 is illustrative and reads as              
          follows:                                                                    
               1.   A measuring device comprising:                                    
               an elongated member having a measuring edge with a finite              
          length; and                                                                 
               measuring indicia including successive groups of equally               
          spaced color coded measuring marks located adjacent to and                  
          extending along the length of said measuring edge and a different           
          group label identifying each of said successive groups;                     
               wherein each individual measuring mark corresponds to a                
          selected fractional portion of each of said successive groups and           
          has a different color than all of the remaining measuring marks             
          in said group and is the same color as said measuring marks in              
          each of said successive groups which correspond to the                      
          corresponding fractional portion in each of said successive                 
          groups.                                                                     
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Hamalainen          1,142,418           Jun.  8, 1915                       
          Glaese              4,323,234           Apr.  6, 1982                       
          Jones, Jr. (Jones) 5,335,421            Aug.  9, 1994                       
          Cruickshank         2,186,692           Aug. 19, 1987                       
          (British Patent Document)                                                   







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