Ex parte FERRARO - Page 8




                 Appeal No. 96-2612                                                                                                                     
                 Application 08/137,530                                                                                                                 



                                   Claim 10 will fall with claim 9, since appellant                                                                     
                 does not present any reasons as to why he believes claim 10                                                                            
                 would be separately patentable from claim 9.                                                                                           
                                   As for claim 11, the examiner has consistently main-                                                                 
                 tained (answer, pp. 3 to 4):                                                                                                           


                                   The use of shaving aids with disposable                                                                              
                                   cartridges and there [sic: their] associ-                                                                            
                                   ated advantages is old and well known in                                                                             
                                   the shaving art.  Applying such a teaching                                                                           
                                   to Iten to improve shaving quality would                                                                             
                                   appear to be obvious since one would want                                                                            
                                   to improve the shaving quality of Iten as                                                                            
                                   much as is reasonably possible.                                                                                      
                 Appellant argues that Iten “does not teach or suggest the                                                                              
                 inclusion of a shaving aid on a razor” (brief, page 3), but                                                                            
                 does not dispute the examiner’s finding, supra, that the use                                                                           
                 of such aids is old and well known.   The finding thus stands  8                                                                       
                 unrebutted, and in view thereof we consider that it would have                                                                         




                          8Nor does it appear that appellant could reasonably                                                                           
                 dispute this finding, in view of the disclosure of razors with                                                                         
                 shaving aids in such references as PCT Application WO                                                                                  
                 92/15430, filed with appellant’s Information Disclosure                                                                                
                 Statement on March 9, 1995.                                                                                                            
                                                                           8                                                                            





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