Ex parte SHERMAN et al. - Page 2




                 Appeal No. 98-2419                                                                                                                     
                 Application No. 08/675,193                                                                                                             


                          This is an appeal from the final rejection of claims 2 to                                                                     
                 7, all the claims in the application.                                                                                                  
                          The claims on appeal are drawn to a tool for extracting                                                                       
                 the base of a broken light bulb from a socket, and are                                                                                 
                 reproduced in the appendix to appellants’ brief.2                                                                                      
                          The references applied in the final rejection are:                                                                            
                 Grinnell                                     1,319,028                                             Oct. 14,                            
                 1919                                                                                                                                   
                 Wickbergh                                             1,899,489                                             Feb.                       
                 28, 1933                                                                                                                               
                 Hough                                        4,485,701                                             Dec.  4,                            
                 1984                                                                                                                                   
                          The claims on appeal stand rejected under 35 U.S.C. § 103                                                                     
                 on the following grounds:                                                                                                              
                 (1) Claims 2, 3 and 5 to 7, unpatentable over Hough in view of                                                                         
                 Wickbergh;                                                                                                                             
                 (2) Claim 4, unpatentable over Hough in view of Wickbergh and                                                                          
                 Grinnell.                                                                                                                              


                          2In reading the claims on appellants’ disclosure, we note                                                                     
                 that the language "each of said . . . flexible blade means"                                                                            
                 (claim 7, lines 15 to 18), while supported in the drawing,                                                                             
                 does not have antecedent basis in the specification, as                                                                                
                 required by 37 CFR § 1.75(d)(1).  Also, the cross-hatching in                                                                          
                 Figs. 1 and 2 does not correspond to the disclosure of the                                                                             
                 handle as being made of hard rubber or plastic (cf. Hough Fig.                                                                         
                 2).                                                                                                                                    
                                                                           2                                                                            





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