Appeal No. 1998-3312
Application No. 08/354,803
Upon further review of the prior art of record, we
observe that the European reference 0 491 579 appears to
disclose (in Fig. 2) the claimed subject matter of claim 1 as
follows; a device for applying a pasty product including a
tubular element (3) with a slideway (4, 5), a cylindrical
casing (12) including a helical slot (13, 14), an outer sleeve
(18), and a flexible bearing including plural tongues (202a,
202b) which are flexible in the axial as well as the radial
direction and designed to interact with a bearing surface
(201) that is at least in part inclined radially of the axis
of the tubular element (3), and wherein the plural tongues
(202a, 202b) and the inclined bearing surface (201) are
situated, in an axial direction, beyond the lower end of the
outer sleeve (18) shown in Figure 2A. This application is
REMANDED back to the examiner to ascertain if there are any
differences between claim 1 on appeal and the European
reference 0 491 579, to consider a rejection of claim 1 under
35 U.S.C. § 102(b) if no differences exist and under
35 U.S.C. § 103 if differences are found.
In addition to the foregoing, we note that it would be
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