Ex parte VANRAES - Page 3




                 Appeal No. 96-3480                                                                                       Page 3                        
                 Application No. 08/142,381                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a device,                                                                                
                 particularly intended for the hygiene of human auditory                                                                                
                 canals.  Claims 1 through 3 are representative of the subject                                                                          
                 matter on appeal and a copy of those claims, as they appear in                                                                         
                 the appendix to the appellant's brief, is attached to this                                                                             
                 decision.                                                                                                                              


                          The prior art references of record relied upon by the                                                                         
                 examiner as evidence of obviousness under 35 U.S.C. § 103 are:                                                                         
                 Tolman                                       896,338                                               Aug. 18,                            
                 1908                                                                                                                                   
                 Hartman                                      3,110,304                                             Nov. 12,                            
                 1963                                                                                                                                   
                 Choppy                                       2,277,557       3                            Feb.  6, 1976                                
                                                              (France)                                                                                  



                          Claims 1 through 6 stand rejected under 35 U.S.C. § 103                                                                       
                 as being unpatentable over Tolman in view of Hartman and                                                                               
                 Choppy.                                                                                                                                

                          3In determining the teachings of Choppy, we will rely on                                                                      
                 the translation provided by the FLS, Inc.  A copy of the                                                                               
                 translation is attached for the appellant's convenience.                                                                               







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