Ex parte HAMISCH - Page 5




          Appeal No. 1996-3198                                       Page 5           
          Application No. 08/371,642                                                  


          claim 1 (brief, page 7 and specification, page 4) except for                
          the recited "frictional elastomeric member on the exterior of               
          the handle member...."  According to the examiner, Araujo                   
          discloses an elastomeric cover for a hand-held applicator as a              
          grip (answer, page 4), and it would have been obvious to one of             
          ordinary skill in the art to modify the hand-held labeler of                
          Hamisch to include such a cover on the handle of the labeler                
          for providing a better grip thereto.  We note that appellant                
          does not specifically dispute the examiner's holding (implicit              
          in the stated rejection) that the claimed foam handle grip or               
          sleeve of Araujo (column 4, lines 53 and 54 and column 5, lines             
          21-25) corresponds to the claimed frictional elastomeric                    
          member.  On this record, it is our view that a skilled artisan              
          would have been imbued with a reasonable expectation of success             
          in improving the gripping surface of the handle of Hamisch's                
          labeler by adding a foam sleeve cover thereto which corresponds             
          to the claimed elastomeric cover as taught by Araujo.                       
          Moreover, on this record, we are of the opinion that it would               
          have been obvious from the combined teachings of Hamisch and                
          Araujo to select a foam sleeve cover material with a desired                
          hardness value, such as that recited in claims 8 or 9, to                   







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