Appeal No. 96-3480 Page 7
Application No. 08/142,381
reasons. First, we agree with the examiner that Hartman's
hemispherically shaped tip does have an outer surface with a
predetermined radius. Second, it is our opinion that
Hartman's teaching that the shape of his projection 12 is
particularly suitable, because of its efficiency for removing
wax provides the artisan with ample motivation to modify the
shape of Tolman's spoon.
Claim 2
We sustain the rejection of claim 2.
Dependent claim 2 adds to claim 1 the limitation that the
substantially circular edge of the active portion is located
in a plane approximately at a tangent to one of the external
qeneratrices defining the cylindrical body.
The appellant argues (brief, p. 11) that this limitation
is "neither disclosed nor suggestion by the prior art." We do
not agree. It is our opinion that the combined teachings of
the applied prior art would maintain the relationship of
Tolman's shank 2 to the substantially circular edge of the
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