Appeal No. 97-3998
Application 08/302,168
anticipation is:
Pitts 4,770,557 Sept. 13, 1988
Claims 16 through 18 and 21 through 29 stand rejected
under 35 U.S.C. § 102(b) as being anticipated by Pitts.2
Reference is made to the appellant’s brief (Paper No. 10)
and to the examiner’s answer (Paper No. 11) for the respective
positions of the appellant and the examiner with regard to the
merits of this rejection.
Pitts discloses a device for marking the edge of a sheet
of paper with an ink or dye. As described by Pitts with
reference to Figures 1 and 2,
[a]s shown in FIG. 1, marker 100 includes a
barrel 102 which houses a fibrous, porous reservoir
104. Reservoir 104 is provided with a slit 106
exposed by opening 108 in barrel 102. In the
embodiment shown, opening 108 and slit 106 are
disposed proximate nib 110. As a result, a cap 112
covers opening 108 as well as nib 110.
In operation, a sheet, such as paper, is
2The term “said housing” as it appears in claims 22 and
23 lacks a proper antecedent basis, an informality which is
deserving of correction in the event of further prosecution
before the examiner.
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