Ex parte GRUSSMARK - Page 2




          Appeal No. 98-1252                                         Page 2           
          Application No. 08/642,184                                                  


          11 and 14 stand allowed.  Claim 13, the only other claim                    
          present in the application, has been indicated as being                     
          allowable subject to the requirement that it be rewritten to                
          include all the subject matter of the claim from which it                   
          depends.                                                                    
               We AFFIRM-IN-PART.                                                     
               The appellant's invention pertains to a combination of a               
          dental floss dispenser and a stand-up toothpaste container.                 
          Independent claim 12 is further illustrative of the appealed                
          subject matter and a copy thereof may be found in the APPENDIX              
          to the brief.                                                               
               The references relied on by the examiner are:                          
          White                         2,084,568                Jun. 22,             
          1937                                                                        
          Miles et al. (Miles)          3,741,447                Jun. 26,             
          1973                                                                        
          Cordero                       4,428,389                Jan. 31,             
          1984                                                                        
          Paulson                       4,796,783                Jan. 10,             
          1989                                                                        
          Grussmark                          4,827,951                May             
          9, 1989                                                                     

               The claims on appeal stand rejected under 35 U.S.C. § 103              
          in the following manner:                                                    









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