Appeal No. 98-2120
Application No. 08/607,915
fixed position. The lipstick and cupped container may be
repositioned with respect to the cylinder or barrel by
gripping the projecting detent spring and sliding it, together
with the cupped container and lipstick, along the slot in
essentially the same manner as in the embodiment of Figs. 1-3.
Thus, both embodiments of Keith can be considered to have
a barrel with a slot, a product support member, an adjustment
button and a locking mechanism. Neither of these embodiments,
however, shows a plurality of detents laterally disposed along
each side of the slot or a locking mechanism with an
adjustment button having mounted thereon at least two
resilient arms with detents adjacent the ends of the arms as
set forth in independent claim 5.
In an attempt to overcome these deficiencies, the
examiner relies on the teachings of Fierus. Fierus, at the
broadest level, teaches a barrel-like enclosure 1 for an
elongated article wherein the enclosure is provided with (1) a
slot having a plurality of detents 6 along each side thereof,
(2) an adjustment button 4 and (3) a locking mechanism of the
type having resilient arms with detents 8 on the ends thereof
5
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