Appeal No. 2006-2383
Application 09/025,896
handgrip that covers the closed top and extends slightly over onto the wall of the
cabbage cutter, and provides additional strength to the device; the bottom is open
and filed or rubbed down to a smooth, thin, sharp cutting and chopping edge that can
be sharpened if the cutting and chopping edge should become dulled from extensive
use; the device has a
removable protective cover, contiguous with the cutting and chopping edge, that
when placed over the cutting and chopping edge serves as a shield from injury, and
protects the cutting and chopping edge from becoming damaged when the device is
not in use or stored; the device works best when cabbage head is cut in chunks,
placed in a large container, and an operator grasps the handgrip and brings the
cutting and chopping edge down repeatedly (in an up and down motion) onto the
cabbage, cutting the cabbage to desired size.
THE REFERENCES
Bell 893,425 Jul. 14, 1908
Rothje 1,525,514 Feb. 10, 1925
Collins 3,004,340 Oct. 17, 1961
Snyder 3,456,346 Jul. 22, 1969
Seib et al. (Seib) 4,858,317 Aug. 22, 1989
THE REJECTIONS
Claim 7 stands rejected as follows: under 35 U.S.C. § 102(b) as anticipated by Seib,
and under 35 U.S.C. § 103 as obvious over 1) Rothje in view of Snyder, 2) Rothje in view of
Seib, 3) Bell in view of Collins and Snyder, and 4) Bell in view of Collins and Seib.
OPINION
We reverse the aforementioned rejections.
Rejection under 35 U.S.C. § 102(b) over Seib
The appellant’s claim requires that the cylindrical body has a closed top covered by a
permanently affixed handgrip that extends slightly over onto the wall of the cylindrical body.
The examiner relies upon the portion of Seib’s top section 18 between upper edges 38 of
annular cutter 36 (figure 2) as corresponding to the appellant’s closed top (answer, page 7).
2
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