Ex parte BARKER - Page 5




          Appeal No. 98-1234                                                          
          Application No. 08/516,214                                                  


          2, lines 1-15, makes it clear that a brush (i.e., a completed               
          article) having a wooden handle, metal ferrule and bristle                  
          portion "of usual construction, [which] may be purchased on                 
          the market" is the article to which the elastomeric material                
          is applied.  Marick then goes on to state that:                             
                    The wooden handle 10 may be coated with a rubber                  
               composition such as given in the above example.                        
               However, for coating the handle portion of the brush                   
               it is deemed preferable to employ the conductive                       
               properties of acetylene black used as a varnish,                       
               lacquer or other synthetic resin coating. . . .                        
               This coating may be applied to the brush handle by                     
               painting, spraying, or dipping and in the case of                      
               the brush shown in Fig. 1, it is important that the                    
               coating upon both the bristles and the handle be so                    
               applied that the coating shall reach or over-lap the                   
               metal ferrule of the brush so as to form a                             
               continuous conducting path from the bristles to the                    
               brush handle.  [Column 2, line 55 through column 3,                    
               line 21; emphasis ours.]                                               
          From the above, when considering the teachings of Marick as a               
          whole, it is apparent that Marick teaches applying the                      
          elastomeric outer coating to the handle of a completed brush                
          (which may be purchased on the market).  When the handle of                 
          such a completed brush is "dipped" in the manner described by               
          Marick, neither of the above-noted limitations (1) or (2)                   
          would be satisfied.  In other words, (a) only the portion of                


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