Ex parte MELCHER - Page 9




          Appeal No. 97-0695                                                          
          Application No. 08/273,466                                                  


          Claims 3, 7 and 8                                                           
               We do not sustain the rejection of claims 3, 7 and 8                   
          under 35 U.S.C. § 103 as being unpatentable over Janssen.                   


               Claim 3 is drawn to a method of fabricating a plurality                
          of handles including, inter alia, the steps of (1) forming a                
          plurality of strips shaped as right, regular parallelopipeds,               
          and                                                                         
          (2) forming barbs on each of the strips.  Since the barbs of                
          step (2) are formed on each of the strips formed in step (1),               
          the steps must occur in the order specified in the claim.                   
          Thus, claim 3 requires forming a plurality of strips shaped as              
          right, regular parallelopipeds, and then forming barbs on each              
          of the strips.                                                              


               Janssen discloses an applicator for paint and other                    
          fluids.  Figure 1 of Janssen shows an exploded perspective                  
          view of a preferred brush 10 with the handle member 14 removed              
          from the cavity 42 of the head member 30.  The handle member                
          14 comprises a gripping section 16, a head mounting section                 
          20, and a circumferential skirt 22 which separates gripping                 
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