Ex Parte BRINE, JR. et al - Page 10




             Appeal No. 2003-0918                                                              Page 10                
             Application No. 09/395,659                                                                               


             Claims 2, 6 and 8                                                                                        
                    The appellants have grouped claims 1, 2, 6 and 8 as standing or falling                           
             together.3  Thereby, in accordance with 37 CFR § 1.192(c)(7), claims 2, 6 and 8 fall with                
             claim 1.  Thus, it follows that the decision of the examiner to reject claims 2, 6 and 8                 
             under 35 U.S.C. § 103 is also affirmed.                                                                  


             Claim 9                                                                                                  
                    We sustain the rejection of claim 9 under 35 U.S.C. § 103.                                        


                    Claim 9 adds to parent claim 84 the further limitation that an interior surface of                
             the handle (i.e., the hollow elongated member) comprises a plurality of ridges and                       
             trenches.                                                                                                


                    The appellants argue (brief, p. 5) that the examiner has not specifically                         
             addressed the limitations of claim 9 and that none of the references disclose an interior                
             surface of the handle comprising a plurality of ridges and trenches.                                     




                    3 See page 2 of the appellants' brief.                                                            
                    4 Claim 8 recites that the exterior surface of a hollow elongated member (i.e., the handle)       
             comprises a plurality of ridges and trenches substantially parallel to one another.  As such claim 8 would
             not be anticipated by Hoult.                                                                             






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