Appeal No. 96-3035
Application 07/945,430
examiner. As a consequence of our review, we make the
determination which follows.
We reverse the examiner’s rejection of claim 8 under
35 U.S.C. § 103.
Our reading of both appellants’ disclosure and the
Goncalves reference (French document) makes us aware that the
presently claimed dispensing implement and the device disclosed
in the reference each differ from earlier known devices wherein
a screw activating knob is at the lower or remote end of the
device (appellants’ Figures 1 and 2 and Figure 1 of Goncalves)
by having the knob positioned at an upper part of the device or
dispensing implement.
However, as did the examiner, we readily perceive
differences between the claimed dispensing implement and the
device taught by Goncalves. The claimed invention requires a
cap 34 arranged for removable attachment to a cap holder 36 on
the tubular plastic body 20 of the implement (Figure 3), while
the reference device (Figure 3) has its cap 105 releasably
secured to the decorative body 104. Additionally, the claimed
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