Ex parte BLAUSTEIN et al. - Page 3




               Appeal No. 1998-3300                                                                                                  
               Application 08/722,907                                                                                                


               material from which the seal is formed, the annular rim being generally planar so that the plane of the               
               annular rim can be oriented generally perpendicular to a longitudinal axis of a marker casing of a                    
               marking instrument into which the seal is to be incorporated,                                                         

                       a concave sealing disk attached to and extending over a circular area defined within the internal             
               diameter of the annular rim, a cross-section of the concave sealing disk being in the form of an arc, the             
               arc having an apex orientable toward an interior of a marker instrument casing into which the seal is                 
               incorporated, the concave sealing disk further comprising a full diameter slit through a radial center and            
               cross-section of the disk, cooperative sealing disk halves on either side of the full diameter slit, the              
               cooperative sealing disk halves having lateral sealing surfaces which are substantially flush along an                
               entire length of the slit when the disk is in a sealed configuration, the cooperative sealing disk halves             
               being deflectable to a non-concave configuration by a marker nib which is linearly advanced from an                   
               interior of a marking instrument into the seal, contacting the seal approximately at the apex, and the                
               cooperative sealing disk halves being returnable to a sealed concave configuration with the lateral                   
               sealing surfaces in substantially flush contact upon retraction of a marker nib through the slit and out of           
               contact with the sealing disk halves.                                                                                 


                       The prior art references of record relied upon by the examiner in rejecting the appealed claims               

               are:                                                                                                                  

               Hoffman                                                261,457                        July 18, 1882                   
               Kroutl                                         1,541,826                      June 16, 1925                           
               Lai                                            5,092,701                              Mar.   3, 1992                  

               Bross                                          1561812                                Apr.   2, 1970                  
               (German Patent)                                                                                                       

               Di Silvestro                                   6122885                                Aug. 31, 1979                   
               (Swiss Patent)                                                                                                        
                                                                                                                                    





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