Ex parte SIMMONS - Page 10




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


               Claim 17 depends ultimately from claim 9 and defines the               
          claimed measuring device as including two members at right angles           
          to one another (i.e., a carpenter’s square) and first and second            
          sets of measuring indicia on respective first and second                    
          measuring edges of the device with the marks in the second set              
          being the same color as the corresponding marks in the first set.           
          Jones teaches that the measuring device disclosed therein, which            
          has complementary measuring marks on its two measuring edges, can           
          take the form of a carpenter’s square.  It would have been                  
          obvious in view of Glaese to provide the Jones measuring marks              
          with the coloring required by claim 17 for the reasons discussed            
          above in connection with claim 1.                                           
               Finally, we shall sustain the standing 35 U.S.C. § 103                 
          rejection based on the combined teachings of Jones, Glaese and              
          Cruickshank with respect to claims 4 and 13, but not with respect           
          to claims 2, 5, 11, 14 and 18.                                              
               Cruickshank discloses a tape measure composed of a flexible            
          tape having a measuring scale on one side and items of                      
          information on the other side, a housing for storing the flexible           
          tape, and an index on the housing denoting the positions along              
          the measuring scale at which respective items of information are            
          located.                                                                    

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