Ex parte MILLER et al. - Page 7




          Appeal No. 96-0918                                                          
          Application 08/059,017                                                      


          could be modified as proposed by the examiner does not make                 
          such modifications obvious unless the prior art suggests the                
          desirability of doing so.  In re Gordon, 733 F.2d 900, 902,                 
          221 USPQ 1125, 1127 (Fed. Cir. 1984).  The brushes of Wechsler              
          and Larson would be viewed by one of ordinary skill in the art              
          as differing fundamentally in the way they clean.  The                      
          scraping action of Larson’s bristles is predicated on the                   
          ability of the bristles to penetrate into and move along the                
          sides of the individual hair filaments such that the hair                   
          filaments pass between adjacent bristles (page 1, left column,              
          lines 12-16; page 2, left column, lines 51-58).  In contrast,               
          one of ordinary skill in the art would view the brush of                    
          Wechsler as being designed to merely remove mud spatters from               
          the surface of clothing.  The artisan would reasonably infer                
          as much from Wechsler’s disclosure because the brush thereof                
          is said to be for removing hardened or dried mud splashes                   
          (page 1, lines 22-28) or light dust (page 3, lines 33-34) from              
          clothing, and because of the lack of any disclosure, teaching,              
          or suggestion in Wechsler that the bristles should penetrate                
          to any significant extent into the fibers of the clothing in                


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007