Appeal No. 98-1234
Application No. 08/516,214
indicated as being allowable subject to the requirement that
they be rewritten to include all the subject matter of the
claims from which they depend.
We REVERSE.
The appellant's invention pertains to a paint brush.
Independent claim 1 is further illustrative of the appealed
subject matter and a copy thereof may be found in the appendix
to the brief.
The references relied on by the examiner are:
Marick 2,426,315 Aug. 26,
1947
Ela 2,914,785 Dec. 1,
1959
Kaplan 3,831,218 Aug. 27,
1974
Claims 1-7 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Kaplan in view of Marick. According to the
examiner it would have been obvious to provide an outer
coating of relatively soft elastomeric material on the brush
of Kaplan in view of the teachings of Marick.
Claims 8-10, 21-25, 27 and 28 stand rejected under 35
U.S.C. § 103 as being unpatentable over Kaplan in view of
Marick and Ela. The examiner is further of the opinion that
2
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