Appeal No. 2000-0511
Application No. 08/758,343
As explained by Blue (column 4, line 61, to column 5, line 35), the function of the
second gripping element 34 is to extend the limited range of can diameters that can be gripped
using the disclosed implement. It is the finite length of the slots 31 which limits the degree of
adjustment of the gripping assembly 16. The adjustable clamping band 18 taught by
Bramming, on the other hand, has an extremely wide range of adjustability, in that it is
provided with apertures 19 around substantially the entire band (or at least around as much of
the band as deemed necessary to achieve the desired adjustability). Therefore, even assuming2
that the teachings of Bramming would have suggested to a person of ordinary skill in the art the
use of the adjustable clamping band 18 of Bramming in the Blue can holder to grip the can, it is
our opinion that such a person would not have seen any reason to combine such a band with
either the retractable gripping assembly 16 or a second gripping element 34 taught by Blue.
Moreover, even if the references were combined as proposed by the examiner, the combination
would not cure the deficiencies of Blue noted above with regard to the subject matter of claim
1.
Accordingly, we shall not sustain the examiner's rejection of claims 2 and 5 as being
unpatentable over Blue in view of Bramming.
NEW GROUNDS OF REJECTION
2Bramming also teaches that it would be feasible to provide the apertures along only a portion of the band
(column 2, lines 16-19).
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