Appeal 2007-0796
Application 10/236,088
Rejection (2)
Genuise discloses a retractable device holding assembly comprising a
retraction member 12 having a tether line 14 extending therefrom. Tether
line 14 has a remote end 16 secured by attachment means 18 to a flexible,
resilient rubber or plastic ring 20 mounted around the body portion 22 of a
cigarette lighter or other utilitarian device 24 (Genuise, col. 2, ll. 56-63). As
illustrated in Figures 1-7 of Genuise, tether line 14 appears to be a long, thin
string or wire and is not a band of metal or tattered or ragged strip.
Retraction member 12 has a body portion 26 provided with an internal
retractor spring 28 which is anchored in a slotted cylindrical portion 30
integrally formed with bottom portion 32 of body portion 26. Retractor
spring 28 is surrounded by a spool 34. The proximal end of tether 14 is
secured to spring 28 and wound about spool 34. A lower plate 38 is
insertable within bottom portion 32 to rotatably support spool 34 and an
upper plate 40 is placed on spool 34 to further facilitate rotation thereof.
Body portion 26 also comprises an upper or lid portion 42 secured to the
lower portion. Upper portion 42 comprises an extending portion 46 that
complements an extending portion 48 of lower portion 32. Extending
portion 48 has a groove 50 defined therein into which a complementary
shaped hollow spool member 51 is seated to coact with the groove to
provide ready ingress and egress for tether 14. (Genuise, col. 2, l. 64 to col.
3, l. 20.)
Claims 11, 12, 15, 16, 19, 20, 25, 27, 28 and 33:
At issue is whether bottom portion 32 and upper portion 42 of
Genuise are a "container" and "cap" as required in these claims (App. Br.
15-16 and 19-20; Reply Br. 7-8). We determine the scope of the claims in
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: September 9, 2013