Ex parte GRIFFITH - Page 5




          Appeal No. 97-1810                                         Page 5           
          Application No. 08/321,262                                                  


               We sustain the rejection of claims 21 and 25, but not the              
          rejection of claim 24.                                                      


          Claim 21                                                                    
               Claim 21 recites a disposable tooth cleaning apparatus                 
          comprising, inter alia, an elongated brush portion having a                 
          segment at one end and a plurality of bristles at the other                 
          end, an elongated handle portion having a compartment for                   
          holding a supply of powdered dentifrice and an opening through              
          which the dentifrice may be poured and through which the                    
          segment of the brush portion is received for connecting the                 
          brush portion and handle portion for use, and means for                     
          sealing the opening for subsequent manual unsealing.                        


               Merrill discloses a pocket outfit for the care of teeth.               
          As shown in Figures 1, the outfit includes a toothbrush 1                   
          provided with a shank 2 whose tapered end fits exactly into a               
          corresponding aperture 3 formed in the hollow handle 4.                     
          Merrill teaches (page 1, lines 49-54) that                                  
               [b]y this arrangement the brush is well secured to its                 
               handle and at the same time the aperture 3 is closed, so               
               that the chamber 5 in the interior of the handle will                  







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