Appeal 2007-0796
Application 10/236,088
30 encircling a rod 25 and hollow roller 26 is contained within barrel 11 and
is provided with an elongated slot 21 in register with elongated slot 16. A
flexible calendar strip 39 is wound about hollow roller 26 and passes
through slots 21 and 16 and has an outer free end wound upon a bar 40. A
binding strip 41 clampingly engaging the free end of the calendar strip 39
telescopes the bar 40. The binding strip 41 is of greater width than the slot
16 to serve as a stop for limiting the winding of calendar strip 39 upon
spring actuated roller 26 and constitutes a finger grip for enabling a user to
pull outwardly upon the calendar strip 39 to unwind it from the roller 26.
(Fisher 1, col. 2, l. 36 to Fisher 2, col. 1, l. 63.)
Claims 11, 12, 14-17, 19 and 22:
Appellant argues Fisher fails to teach an apparatus comprising both a
container and a cap, an aperture in an outer cylindrical wall and an elongated
member situated within an annular housing between the interior cylindrical
wall and the outer cylindrical wall of one of the container and cap, as recited
in claim 11 (App. Br. 21). Appellant points in particular to the Examiner's
statement (Final Rejection 7) that "Fisher does not disclose a container or a
cap" (App. Br. 21). The Examiner corrects that statement, clarifying that the
Examiner's intent was to indicate that Fisher does not disclose a container or
a cap for storing pills, and asserts that the element 103 of Fisher is the
container (Ans. 16). The Examiner contends the cap is met by screw cap
plug 18 of Fisher (Ans. 6), which secures the opening in element 10 (Ans.
16). The Examiner further asserts that Fisher's element 10 is a container
3 In light of the totality of the Examiner's articulated position, we understand
the Examiner's reference to element 10 to include barrel 11 and mechanical
pencil 15.
14
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