Ex parte GRIFFITH - Page 3




                 Appeal No. 97-1810                                                                                       Page 3                        
                 Application No. 08/321,262                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a disposable                                                                             
                 toothbrush.  An understanding of the invention can be derived                                                                          
                 from a reading of exemplary claim 21, which appears in the                                                                             
                 appendix to the appellant's brief.                                                                                                     


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Danek                                        958,371                                               May  17,                            
                 1910                                                                                                                                   
                 Merrill                                      1,642,620                                             Sep. 13,                            
                 1927                                                                                                                                   
                 Zagouris       3                             2,457,378                  (France)                   Aug. 14,                            
                 1981                                                                                                                                   
                 Munoz Saiz        4                          3,616,182 (Germany)                                   Dec.  4,                            
                 1986                                                                                                                                   



                          Claims 21, 24 and 25 stand rejected under 35 U.S.C. § 103                                                                     
                 as being unpatentable over Merrill in view of Munoz Saiz.                                                                              

                          3In determining the teachings of Zagouris, we will rely                                                                       
                 on the translation provided by the PTO.  A copy of the                                                                                 
                 translation is attached for the appellant's convenience.                                                                               
                          4In determining the teachings of Munoz Saiz, we will rely                                                                     
                 on the translation provided by the PTO.  A copy of the                                                                                 
                 translation is attached for the appellant's convenience.                                                                               







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