Appeal No. 96-3920
Application 08/151,891
No. 4.
A reading of the translation of the German reference
prepared for the PTO reveals that the disclosure text of the
document itself fails to teach exertion of pressure on an
outer housing to exude coloring through the pen. Accordingly,
we conclude that one of ordinary skill in this art would not
have comprehended from the specification of the German
reference that
the walls of the shaft 7 were flexible or that the cosmetic
pen
was intended to operate other than by capillary flow to the
fiber tip 1. As disclosed, the ventilation opening 12 in the
wall of the shaft 7 simply connects the supply of coloring
fluid with the atmosphere.
In light of the above we are in accord with the view of
appellants that the referenced add-on abstract is simply not
supported by the actual teaching of the German document.
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