Appeal No. 1998-3300
Application 08/722,907
Appellants’ invention relates to a capless retractable sealed writing instrument and to a single
piece, flexible seal for use therein. Independent claims 1 and 7 are representative of the subject matter
on appeal.
1. A capless retractable sealed writing instrument comprising:
an elongate marker casing with an axial opening,
a marker cartridge having a marker nib and held within a marker carrier mechanism within the
marker casing, the marker carrier mechanism operative to linearly move the marker cartridge and
marker nib within the marker casing, to extend and retract the marker nib through the axial opening in
the marker casing,
and a single piece seal held within the marker casing proximate to the open end of the marker
casing, the single piece seal having a generally annular rim held within the marker casing in a plane
generally perpendicular to a longitudinal axis of the marker casing, and a concave flexible disk attached
to and within a circular area defined by the annular rim, the concave disk having a cross-section in the
form of an arc with an apex of the arc oriented to face the marking nib when the marking nib is in a fully
retracted position within the marker casing, and a full diameter slit through the radial center and cross-
section of the concave disk, from one point of the internal diameter of the annular rim to a radially
opposite point, to form cooperative sealing disk halves which are deflectable away from the slit to allow
passage of the marker nib through the seal upon linear movement of the marker cartridge and marker
nib by the marker carrier mechanism to an extended position, and which return to a concave sealed
configuration upon retraction of the marker nib into the marker casing.
7. A flexible elastomeric single piece marking instrument seal specifically configured for
incorporation in marker instruments having a marker cartridge and marker nib susceptible to
atmospheric degradation, the marker seal comprising:
an annular rim having an outer diameter approximately equal to an inner diameter of a marker
casing of a marking instrument into which the seal is to be incorporated, and an inner diameter at least
equal to a diameter of a marker nib of a marking instrument into which the seal is to be incorporated,
the annular rim having a thickness dimension equal to a thickness dimension of flexible elastomeric
2
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