Ex Parte JOB - Page 2



          Appeal No. 2001-2509                                                        
          Application No. 08/603,331                                                  

               at said top and a flexible straight edge at said                       
               bottom, said handle being directly above said flexible                 
               straight edge, wherein, at all points at a given height                
               above said bottom, the shortest distance between said                  
               front and said back is less than the shortest distance                 
               between said two sides.                                                
               In the rejection of the appealed claims, the examiner relies           
          upon the following references:                                              
               Tupper                   2,900,656      Aug. 25, 1959                  
               Loos                     4,297,761      Nov. 03, 1981                  
               Priore                   4,970,749      Nov. 20, 1990                  
               Ballantyne               30,518         Dec. 03, 1930                  
               (Austrialian Patent)                                                   
               Appellant’s claimed invention is directed to a monolithic              
          device comprising a handle and a flexible straight edge blade for           
          moving flowable materials.  According to the present                        
          specification, scrapers or squeegees of the prior art present               
          problems by having separate blade and handle sections.  Appellant           
          states that “[o]ften the blade, especially when wet and slippery,           
          slips in the slot” (page 1 of the specification, last paragraph).           
               The presently claimed device, on the other hand, “is a                 
          monolithic scraper or squeegee having tapered or thinned edge so            
          as to be flexible to conform to surface irregularities . . .”               
          (page 2 of the specification, third paragraph).                             

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