Appeal No. 98-1042
Application 08/449,069
claim 22. Thus, the appeal as to claim 22 is hereby
dismissed, leaving for review the standing rejection of claims
5, 21 and 23. We reverse.
The invention relates to "a writing instrument which has
a sanitary moistener to facilitate turning sheets of paper,
such as pages of a book" (specification, page 1). A copy of
appealed claims 5, 21 and 23 appears in the appendix to the
appellant's brief (Paper No. 14).
The reference relied upon by the examiner as evidence of
obviousness is:
Sotos, British Patent Document 2,252,941 Aug. 26, 1992
Claims 5, 21 and 23 stand rejected under 35 U.S.C. § 103
as being unpatentable over the British reference.
Reference is made to the appellant's brief (Paper No. 14)
and to the examiner's answer (Paper No. 15) for the respective
positions of the appellant and the examiner with regard to the
merits of this rejection.
The British reference discloses a combined ball-point pen
and spray device 10. As described in the reference, the
device
comprises an elongated tubular body 12 having two
2
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