Ex parte SAMOIL et al. - Page 2




          Appeal No. 1997-2027                                                        
          Application 08/417,419                                                      


          the application.                                                            


                                     Background                                       
               The subject matter on appeal in this application is                    
          related to the appealed subject matter in parent application                
          07/924,139.  In Appeal No. 95-4329 in the parent application,               
          a merits panel of this Board affirmed the examiner’s decision               
          finally rejecting the appealed claims thereof.                              
                                    The Invention                                     
               Appellants’ invention pertains to a method of controlling              
          the dose of dentifrice used for a brushing of teeth.  As                    
          stated on page 3 of the specification:                                      
                         [The] invention is directed to a color coded                 
                    toothbrush that is designed to instruct as to the                 
                    proper dose of dentifrice to use for a brushing.                  
                    The toothbrush has bristles of at least two                       
                    different colors.  The bristles of a first color are              
                    in a number such that when a dentifrice is deposited              
                    only on these colored bristles of the toothbrush the              
                    person will be using only about 0.1 grams to about                
                    0.75 grams of dentifrice, and preferably about 0.1                
                    grams to about 0.4 grams of dentifrice.  The amount               
                    will depend to a large degree on the end surface                  
                    area of the tufts bristles onto which the dentifrice              
                    is to be deposited.                                               
               Independent claim 16 is illustrative of the appealed                   


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