Appeal 2007-0796
Application 10/236,088
because it is capable of containing an item therein, such as a ribbon. Id.
Appellant does not dispute the Examiner's determinations that screw cap
plug 18 and element 10 (i.e., barrel 11 and mechanical pencil 15) correspond
to the cap and container, respectively, of claim 11. Left to our own devices,
we find no error in the Examiner's position in this regard and thus adopt it as
our own.
While the Examiner does not explicitly point out the structure of
Fisher relied upon to meet the inner cylindrical member, it is apparent to us
that the hollow roller 26 of Fisher satisfies this limitation, as it cooperates
with the interior surface of barrel 11 to define an annular housing
therebetween with the elongated member (calendar strip 39) disposed in the
annular housing.
In light of the above, Appellant has not demonstrated the Examiner
erred in rejecting claims 11, 12, 14-17, 19 and 22 as anticipated by Fisher.
The rejection is sustained as to these claims.
Claim 21:
At issue is whether Fisher discloses an inner cylindrical wall forming
a chamber of dimensions suitable to hold pills, as recited in claim 21.
Appellant's position that this feature is not taught by Fisher appears to be
grounded on Fisher's failure to specify dimensions of the components of the
device and failure to contemplate use of the chamber for holding pills (Reply
Br. 22). Once again, we emphasize that claim 21 does not require that pills
actually be held in a chamber formed by the inner cylindrical wall. Rather,
claim 21 merely requires that the inner cylindrical wall form a chamber
having dimensions capable of accommodating pills. It is not necessary that
the reference teach what the subject application teaches, but only that the
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