Ex parte GRIFFITH - Page 11




          Appeal No. 97-1810                                        Page 11           
          Application No. 08/321,262                                                  


               We have reviewed the applied prior art but find nothing                
          therein which would have suggested the subject matter of claim              
          24.  Specifically, there is no teaching or suggestion of                    
          utilizing an adhesive for attaching the wall 12 of Munoz Saiz               
          across the opening to his container 11.  Since all the                      
          limitations of claim 24 are not suggested or taught by the                  
          applied prior art, the decision of the examiner to reject                   
          claim 24 under 35 U.S.C. § 103 is reversed.                                 


          The rejection of claims 22, 23 and 26 to 30 under 35 U.S.C. §               
          103                                                                         
               We sustain the rejection of claims 22, 23, 26 and 28                   
          through 30, but not the rejection of claim 27.                              


          Claim 22                                                                    
               Dependent claim 22 adds to parent claim 21 the limitation              
          that the apparatus further includes a hermetic package                      
          enclosing the brush portion and the handle portion and that                 
          the package includes means for facilitating manually tearing                
          open the package.                                                           









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