Appeal No. 2002-0352
Application 09/374,205
careful consideration to appellant’s specification and claims,
to the applied prior art references, and to the respective
positions articulated by appellant and the examiner. As a
consequence of
our review, we have made the determination that the examiner’s
above-noted rejection under 35 U.S.C. § 103(a) will not be
sustained. Our reasons follow.
We agree with the examiner’s assessment of Gilbert set
forth on page 3 of the answer and with the assertion that
Gringer discloses a projecting tab or lip (46) and
longitudinal slot (32) proximate the front end of respective
first and second plastic handle portions of a utility knife
(Figs. 11-14, 25 and 29), which lip and slot are cooperatively
engaged with one another upon assembly of the knife to limit
or prevent any lateral movement between the first and second
handle portions (Gringer, col. 5, lines 15-23). However,
after an assessment of the combined teachings of the applied
patents, we must agree with appellant’s position (brief, pages
3
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