Appeal 2007-0122
Application 10/358,626
I. BACKGROUND
The invention relates to a hairbrush with a deformable grip on the
handle. Claim 21 is illustrative of the subject matter on appeal, and because
the claims are argued as a group, claim 21 is the only claim we need to
consider in this appeal:
21. A hairbrush having:
a head that comprises an array of bristles such that hair can be
received between adjacent bristles due to the adjacent bristles being spaced
apart over all or most of the length of the bristles;
a handle that assumes a deformed shape when a pressure is applied
and which retains the deformed shape for at least about five seconds after the
pressure is released, the handle comprising:
a stem and a deformable grip;
the grip comprising:
an outer layer in the form of a resilient sleeve
surrounding the stem; and
a deformable viscous material positioned between the
stem and the resilient sleeve.
The Examiner relies on the following prior art references to show
obviousness:
Cousty FR 1,323,750 Mar. 4, 1963
McCall US 5,000,599 Mar. 19, 1991
Specifically, the Examiner rejects claims 4-10 and 21 under 35 U.S.C.
§ 103(a) as obvious over Cousty in view of McCall.
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