Appeal No. 2002-1038
Application 09/122,022
ridge on the cover, and equivalents thereof. In this regard, the
specification states that “[t]he grooves are designed to prevent
the cover from slipping or moving relative to the baton handle
during the extending or retracting actions” (page 6), and “[t]he
mating relationship between the circumferential grooves 119 and
the ridges 124 functions to prevent the cover 122 from slipping
or moving relative to the baton handle during the extending or
retracting actions” (specification, page 12). The specification
says nothing about the grooves and ridges being “square,” and
thus does not support the appellant’s contention that “[t]he
‘means’ [in claim 7] is the square ridges on the cover that mate
with grooves of the tube to prevent the cover from moving” (main
brief, page 10).
The collective teachings of Zimmerman and Beere that handle
covers similar to the one disclosed by Parsons can be positively
secured to their handles via interlocking grooves on the handle
and ridges on the cover to avert slippage would have furnished
the artisan with ample suggestion or motivation to provide
Parson’s baton handle tube and cover with such means for
preventing the cover from moving relative to the tube during
expanding or collapsing of the baton. Beere additionally would
have suggested the provision of grooves at both ends of Parson’s
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