Ex parte LANG et al. - Page 5




          Appeal No. 96-3035                                                          
          Application 07/945,430                                                      



          implement requires a tube 29 having one open end and one closed             
          end, with the closed end being arranged to engage the knob 22 of            
          the screw 23 and prevent relative rotary motion between the screw           
          with respect to the body 20, and with the open end of the tube              
          abutting but rotatable with respect to a knurled collar ring 28             
          on the body 20.  On the other hand, Goncalves teaches (transla-             
          tion, page 13 and Figure 3) a decorative body 104 configured as             
          a tubular element, “open at both ends,” with its upper edge 120             
          constituting a support element for the annular bearing surface              
          110 of the sheath 102.                                                      


                    Turning to the additional references relied upon by the           
          examiner, we find that the Cardia disclosure (European document)            
          reveals a dispensing container characterized in part by an outer            
          tubular body 3 having a closed bottom 2 and an integral rod 5               
          and hollow rod 18 with threading 17 (Figure 3).  As to the von              
          Schuckmann reference (German document), a deodorant stick is                
          disclosed therein having a covering cap 7 screwed on to the                 
          protruding segment 2N of the housing tube 2 (Figure 1).                     


                    We certainly understand the examiner’s point of view as           
          to the asserted obviousness of altering the device of Goncalves,            
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