Appeal 2007-1584
Application 10/689,337
STATEMENT OF THE CASE
The field of the invention is “hand tools and, in particular, . . . weed
extraction tools” (Specification (“Spec.”) 1).
Claims 1, 4-7, 10-16, and 19 are on appeal.2 The claimed subject
matter is reflected in representative claim 1 (emphasis added to the disputed
language):
1. (Original) A tool, comprising:
a body member having a longitudinal axis;
a blade fixed to said body;
an arcuate support spaced from said longitudinal axis and
having a length; and
a web substantially spanning said arcuate support and said
body along said length of said arcuate support.
DISCUSSION
Claims 1, 4, 5, 7, 11-14, and 16
The Examiner has rejected claims 1, 4, 5, 7, 11-14, and 16 under 35
U.S.C. § 103(a) over DeArmond, U.S. Patent 5,609,325 (Mar. 11, 1997) and
Weisgerber, U.S. Patent 4,368,874 (Jun. 18, 1983). DeArmond discloses all
the limitations of claim 1, except the web (see FIG. 1); and Weisgerber
discloses a web (FIG. 1 (brace 48)).
2 Claims 2, 3, 8, 9, 17, and 18 are “objected to as being dependent upon a
rejected base claim, but would be allowable if rewritten in independent form
including all of the limitations of the base claim and any intervening claims”
(Office Action at 4 (mailed 12/05/2005); Interview Summary Record at 2
(mailed January 20, 2006)).
2
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