Appeal No. 97-2456
Application 08/424,064
involving one-eighth inch or one-sixteenth inch graduations on
the rule” (column 1, lines 24 through 28). By the term “rules,”
Jones intends to include “rulers, yardsticks, tape measures,
carpenter squares and the like” (column 1, lines 10 and 11). As
described by Jones, such rules
are marked along opposite edges with inch, half-inch,
quarter-inch, eighth-inch and sixteenth-inch
graduations. One edge having the one-sixteenth inch
graduations in a color different from all the other
graduation markings on that edge and sequentially
numbered within each inch in the same different color.
The other edge not having one-sixteenth inch
graduations and the eighth-inch graduations being in a
different color from all the other graduations on that
side and preferably different from the color of the
one-sixteenth inch graduations and sequentially
numbered within each inch in the same different color
[Abstract].
Jones meets all of the limitations in independent claim 1
except for those requiring each individual measuring mark to have
a different color than all of the remaining measuring marks in
its group and to be the same color as the corresponding measuring
marks in other groups. In this regard and notwithstanding the
appellant’s argument to the contrary (see page 8 in the main
brief), the measuring indicia on either edge of the Jones
measuring device comprises successive groups of equally spaced
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Last modified: November 3, 2007