Appeal No. 1997-2027
Application 08/417,419
patent there is shown the use of blue and white
bristles or green and white bristles. In U. S.
Patent 4,403,623 the bristles appear to be of two
different colors. In this instance the bristles of
one color are softer than the bristles of another
color. . . . In U. S. Patent 4,802,255 there is
shown a brush where some of the bristles have a dye
that has penetrated part of the distance through the
bristle. During usage this dye is gradually
dissipated with the effect that when the dye is
almost fully lost from the bristles that this is
time to replace the brush.
The Rejection
Claims 16-32 stand rejected under 35 U.S.C. § 103 as
being unpatentable over AAPA in view of Fleischer.
On page 4 of the specification, the examiner finds that
Fleischer
. . . teaches devices for the measurement and
administration of medicines and a method for use of
the same. The devices generally consist of a spoon
shaped article in which one portion contains
calibrated containing means marked with “suitable
indicia” for measuring the dose to be administered,
thereby preventing an excessive dose from being
transferred to the patient (col. 2, lines 39-62).
The general teachings are the use of a single device
in which a required dosage is measured by the use of
calibrated indicia and then the same device is used
to orally administer that dose to the patient.
Based on these findings and the AAPA teachings, the
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