Appeal No. 2001-0074
Application 09/039,829
We agree with the Examiner that Stevens discloses a handle containing a spool
of backing ribbon having a coating composition thereon and a takeup spool displaced
longitudinally. A length of tape is guided using posts and slots to pass around the tip
edge. (Stevens, page 5, lines 9 – 30).
Where we part company with the Examiner is in our interpretation of the Bryant
reference. The adjustable pivot of Bryant is applied at the handle end of the device,
between the handle and the applicator portion containing the tape reel and tip. The
handle is adjustable and lockable. (See Bryant, Fig. 1)
Claim 1 of the instant application is very specific about the structure of the
handle. The handle contains the means for storing a supply of tape. The handle,
containing this tape, is then coupled to the applicator to permit selective adjustment of
the handle relative to the applicator edge. In other words, the pivot point is also
between the “handle” and the applicator. However, the mechanism of the tape reels is
contained in the handle and the adjustment must also therefore occur between this
mechanism and the tip.
Bryant’s “handle” does not contain the tape reel, rather this mechanism is
included in the head of the device. (See Figs. 1, 3, 14, 15). Bryant’s pivot adjusts the
handle relative to the applicator, but with the dispensing apparatus on the applicator
side of the pivot. Thus, one of skill in the art, if they were motivated to combine Stevens
and Bryant, could simply extend the handle of Stevens and add an adjustable handle
beyond the current handle, and/or move the tape dispensing apparatus closer to the
head of the device.
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