Ex parte SAMOIL et al. - Page 3




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


          subject matter and reads as follows:                                        
               16.  A method of controlling the dose of dentifrice used               
          for a brushing comprising providing a toothbrush wherein the                
          bristles are comprised of at least two different colors and                 
          wherein the bristles of one color provide a pattern such that               
          when the bristles of said pattern support a dose of dentifrice              
          deposited thereon the dose is from about 0.1 to 0.75 grams of               
          dentifrice, and depositing a dose of dentifrice onto said                   
          bristles of said pattern to substantially cover said bristles               
          of said pattern and to deposit a dose of dentifrice of about                
          0.1 to about 0.75 grams thereon.                                            
                                    The Prior Art                                     
               The following reference is relied upon in support of a                 
          rejection under 35 U.S.C. § 103:                                            
               Fleischer                     2,795,043                Jun.            
          11, 1957                                                                    
               In addition, the examiner relies on appellants’ admitted               
          prior art (AAPA) as set forth on page 2 of the specification.               
          Page 2 of the specification reads as follows:                               
                    There are brushes that have a multi-color                         
               bristle pattern.  However, there are no toothbrushes                   
               where the bristles are color coded so as to regulate                   
               the dose of dentifrice that is used.  In various                       
               prior art toothbrushes the bristles are of different                   
               colors for decorative purposes, to serve as an                         
               indicator when the brush should be changed, or to                      
               instruct as to proper brushing techniques.  U. S.                      
               Patent 3,188,673 discloses a toothbrush that has                       
               different color bristles in order to instruct                          
               children the proper brushing techniques.  In this                      

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