Appeal No. 2003-0918 Page 11
Application No. 09/395,659
We find the appellants' argument unpersuasive since Hoult's handle 12 has a
plurality of inwardly extending longitudinal ribs 44 which ribs define interior ridges and
trenches. While the examiner should have responded to the appellants' argument by
pointing to ribs 44 of Hoult, the examiner's failure to do so does not constitute grounds
for reversal of the rejection.
For the reasons set forth above, the decision of the examiner to reject claim 9
under 35 U.S.C. § 103 is affirmed.
Claims 7 and 10
We will not sustain the rejection of claims 7 and 10 under 35 U.S.C. § 103.
Claims 7 and 10 add to their respective parent claims the limitation that the
elongated member has "a top surface and a bottom surface and wherein one of said
trenches is provided in said top surface and said bottom surface is flat."
We find ourselves in agreement with the appellants' argument (brief, pp. 4-5)
that Kuebler does not disclose a flat bottom surface as claimed. In our view, contrary to
the position taken by the examiner (answer, p. 3), the top surface of Kuebler's handle
(see Figure 3) has a trench and the bottom surface has a trench. Thus, the bottom
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