Appeal No. 98-1234
Application No. 08/516,214
the core of the handle extending above the ferrule (see Fig.
1) would be "surrounded" by the outer coating (as
distinguished from "completely surrounding the core" as
claimed and (b) the fastener
would not, as claimed, extend "through the ferrule and outer
coating . . . ." In this latter regard, it should be noted
that even if the entire brush of Marick was "dipped" in the
elastomeric material, the outer coating of elastomeric
material would cover the ends of the fasteners depicted in
Fig. 1 (as distinguished from the claimed arrangement of the
fasteners extending through the outer coating).
We have carefully reviewed the teachings of Kaplan and
Ela but find nothing therein which either teaches or suggests
the above-noted limitations (1) and (2).
Since (a) none of the relied on prior art either teaches
or suggests limitations (1) and (2) and (b) the examiner has
provided no convincing line of reasoning as to why such
limitations would have been obvious (see Ex parte Clapp, 227
USPQ 972, 973 (Bd. Pat. App. & Int. 1985)), we will not
sustain the rejections of claims 1-10, 21-25, 27 and 28 under
35 U.S.C.
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