Ex parte WHITNEY - Page 7




          Appeal No. 1999-0718                                                        
          Application 08/594,149                                                      



          handhold.  However, we note that in arguing the examiner’s                  
          rejection based on Hanneman, appellant has urged (brief, page               
          4) that Hanneman discloses “no offset flat surface opposite                 
          the handhold,” notwithstanding that the flat surface of the                 
          portion (12) of the gripping element in Hanneman (Fig. 1)                   
          facing the box (24) is clearly spaced from, or offset from,                 
          the handle portion (10) of the gripping element.  Thus, given               
          appellant’s argument, we are at a loss to understand exactly                
          what definite meaning should be ascribed to the “offset”                    
          language of claim 1 on appeal, and thus, for this additional                
          reason, consider that the subject matter of claim 1 is indefi-              
          nite.                                                                       


                    As a further point, we observe that the needle-like,              
          tapered pointed projections of the array set forth in claim 1               
          on appeal would not be “angled from said flat surface” (empha-              
          sis added) as the claim states, but would instead appear to be              
          part of the array which is affixed to the flat surface of the               
          handhold, thereby making the needle-like projections a part of              



                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007