Appeal 2007-0796
Application 10/236,088
The Examiner provides reasoning in support of the rejections in the
Answer (mailed September 19, 2006). Appellant presents opposing
arguments in the Appeal Brief (filed August 18, 2006) and Reply Brief (filed
November 2, 2006).
OPINION
Rejection (1)
Claims 1-5 and 7:
Klophaus discloses a device for containing or displaying calendars
and other tabular data for use with a pen (Klophaus, col. 1, ll. 1-3). The
device comprises a cylindrical casing 4 having journaled therein a hollow
spindle 5 with a torsional spring 6 housed in the spindle 5 (Klophaus, col. 1,
ll. 35-39). A flexible tape or strip 8 has one end affixed to the perimeter of
and is spirally wound upon spindle 5. "The free end of the tape 8 is
provided with a tab or loop 9 to assist in the extension of the tape"
(Klophaus, col. 2, ll. 2-4). The tension of spring 6 imparts to spindle 5 "a
torque which acts to wind up the entire tape and thus retract same into the
casing subsequent to its extension" (Klophaus, col. 2, ll. 4-7). The device
further comprises a depending tubular ferrule 10 affixed to the casing 4 and
adapted to fit onto the cap 11 of a fountain pen (Klophaus, col. 2, ll. 24-26).
The issue presented with respect to claims 1-5 and 7 is whether the
casing 4 and depending affixed ferrule 10 comprise "a substantially
cylindrical wall having dimensions suitable for enclosing an opening of a
container as a cap" as called for in claim 1. Appellant argues that, because
casing 4 of Klophaus is completely enclosed structure, having a bottom
separating its internal compartment from the tubular ferrule 10, the
component suitable for attaching the casing to a cap, casing 4 and cap 11 are
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013