Appeal No. 1998-1939
Application No. 08/403,288
vulcanized material and a mixture thereof." The only such
combination composition we find disclosed in any of the
applied references is in Pihl at, e.g., col. 8, lines 45 to
48. However, Pihl’s disclosure concerns the structure of
abrasive filaments, such as are used in power brushes and the
like for abrading metal, plastic, etc. (col. 21, line 61, to
col. 22, line 10). We agree with appellant to the extent that
we do not consider that one of ordinary skill in the art would
have found in Pihl’s disclosure of the use of a thermoplastic
polymer/thermoplastic elastomer (elastomeric thermoplastic)
combination or blend for abrasive filaments any suggestion to
employ such a combination for the bristles of a brush used to
apply cosmetics; while both types of bristles are used in
brushes, their functions are antithetical, in that abrasive
filaments are used to remove material from a substrate, while
the cosmetic brush is used to apply a material to a substrate.
We therefore will not sustain the rejection of claims 2
and 7, nor of claims 8 and 9, dependent on claim 7.
The rejection of claims 3, 4, 6 and 25 will be sustained
on the same basis as claim 1. As to claims 4 and 6, the
recited hardness would have been obvious in view of the
8
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