Appeal No. 97-1810 Page 13
Application No. 08/321,262
a hand fits under the curved distal end, opposite the thumb,
when the handle is manually grasped and oriented for brushing.
Danek discloses a toothbrush. As shown in Figure 1, the
toothbrush includes a handle 1 having an enlarged curved
portion 3 shaped to conform to the contour of the palm of the
hand, and a cavity 4 to receive the ball of the thumb.
Zagouris discloses a single-use toothbrush. As shown in
the figure, the handle 6 of the toothbrush is curved upwardly.
In applying the above-noted test for obviousness, we
reach the conclusion that it would have been obvious to one of
ordinary skill in the art at the time the invention was made
to curve Merrill's handle upwardly as suggested and taught by
Danek and Zagouris. The self-evident motivation for this
modification is to permit better gripping of Merrill's handle.
The argument presented by the appellant (brief, p. 6 and
reply brief, p. 2) is unpersuasive for the following reason.
While the upwardly curved handles of Danek and Zagouris fit
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