Appeal No. 98-0353
Application 08/561,463
of the brief is considered. In fact, appellant acknowledges
on page 10 of the brief that, with regard to the opposing
sides limitations, "[s]ince the tip member must be planar and
consistent with Applicant's disclosure, only one geometry, a
regular elongated quadrilateral, fits these constraints."
Turning to claim 4, we do not find any indefiniteness.
While the curvature may be broadly recited, breadth of a claim
is not to be equated with indefiniteness. See MPEP § 2173.04.
Accordingly, we consider the bounds of the subject matter
recited in claims 1 to 5 to be distinct, and will not sustain
rejection (1).
Rejection (2)
Clift discloses a kitchen utensil which is of the same
general shape as that claimed by appellant. The blade A of
the utensil is disclosed as "flexible and made of rubber or a
suitable rubber composition" (p. 1, col. 2, lines 52 to 54),
the utensil being used "for scraping purposes in the cleaning
of pots, pans, dishes, and similar articles" (p. 1, col. 1,
lines 1 to 3). The blade has straight scraping edges 10 and
11 on each side. Shumway discloses a dish scrubber having a
round body 14 of foam material 15, there being radial grooves
4
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