Ex parte SILVA - Page 4




               Appeal No. 1999-2628                                                                           Page 4                  
               Application No. 08/652,723                                                                                             


                       Wall discloses a similar device (barber's glove) for holding and clamping sections of                          
               hair for cutting.  Wall, in particular, discloses provision of arcuate detents (51 in Figure 9 or                      
               the tapered versions 42 in Figure 10) on one of the confronting surfaces of the device and a                           
               channel (illustrated but unnumbered in Figure 10; corresponding element numbered 67 in                                 
               Figure 12 and bounded by flanges 68, 69) on the other confronting surface which is                                     
               superposed over the detents when the confronting surfaces are brought together.  A foam                                
               cushion is contained in the channel and arranged to receive and conform about the detents so as                        
               to form mating surfaces, thereby engaging all the hair disposed between the confronting                                
               surfaces.  The purpose of the detents and channel is to cause lifting of the distal ends of the hair                   
               a varying amount so as to provide a serrated cut edge (column 5, lines 59-61) to permit the hair                       
               ends to blend in with the remaining hair (column 1, lines 39-48).  As explained, for example,                          
               in column 5, lines 62-67, strands of hair will end up being different lengths after cutting,                           
               depending on whether they pass across the crest of the narrow outer surface of a detent 42,                            
               between the detents or across a detent at a location offset from its crest.  The examiner                              
               determines that it would have been obvious to provide the apparatus of Maggiore with comb                              
               teeth and a corresponding superposed groove on the hair engaging surfaces of the legs in view                          
               of the teachings of Wall in order to consistently and simply provide a uniform serrated edge to                        
               the distal ends of the cut hair (answer, page 5).                                                                      











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