Appeal No. 2001-2353
Application No. 09/411,370
The pencil also includes a restraining means (e.g., 3c, 13b),
respectively provided on the adapter (3) and eraser support
structure (17) to prevent rotation therebetween. A primary
object of appellants' invention is to prevent the torsional
breakage of a lead held by the front and back chucks,
particularly when the eraser (E) is being used. In response to
an election requirement set forth by the examiner in Paper No. 3
(mailed Dec. 30, 1999), appellants elected the species shown in
Figure 11 of the drawings for prosecution in this application. A
copy of claims 1 through 4 on appeal may be found in Appendix A
of appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Torii 4,106,874 Aug. 15, 1978
Kageyama et al. 5,683,191 Nov. 4, 1997
(Kageyama)
In making a provisional obviousness-type double patenting
rejection of claims 1 through 4 in the final rejection (Paper No.
8), the examiner has additionally relied upon appellants'
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