Ex parte MICHELSON - Page 4




               Appeal No. 97-1782                                                                                                     
               Application 08/112,426                                                                                                 


               even if the Polder concave curve were made more pronounced, as proposed by the examiner, it still                      

               would be located at the rear surface of the "body portion" (as defined in the claim) rather than at the                

               rear surface of the rear handle depending therefrom.                                                                   

                       Independent claims 6, 7 and 8 contain similar limitations and are likewise considered patentable               

               over Polder in view of Wright.  As for independent claim 13, we find nothing in the Industrial Design                  

               publication which would teach or suggest making the rear surface of Polder's depending rear handle                     

               concave rather than convex.  Accordingly, we will not sustain the rejections of independent claims 1, 6                

               to 8 and 13, nor, it follows, of dependent claims 2 to 5, 14 and 15.                                                   

               Conclusion                                                                                                             

                       The examiner's decision to reject claims 1 to 8 and 13 to 15 is reversed.                                      

                                                            REVERSED                                                                  



                                       IAN A. CALVERT                         )                                                       
                                       Administrative Patent Judge            )                                                       
                                                                              )                                                       
                                                                              )                                                       
                                                                              ) BOARD OF PATENT                                       
                                       JAMES M. MEISTER                       )                                                       
                                       Administrative Patent Judge            )   APPEALS AND                                         
                                                                              )                                                       
                                                                              ) INTERFERENCES                                         
                                                                              )                                                       
                                       JEFFREY V. NASE                        )                                                       
                                       Administrative Patent Judge            )                                                       

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