Appeal No. 1997-2027
Application 08/417,419
examiner concludes:
. . . the Admitted Prior Art with the teachings of
Fleischer would have fairly suggested to one of
ordinary skill in the art to use calibrated markings
to measure out a dose of an effective dental agent,
such as “pea size amounts” of dentifrices, onto a
toothbrush which is then used to administer that
dosage. One skilled in the art of dentifrices would
have reasonably looked to analogous medicals [sic,
medical] arts to find solutions to administering
safe but effective dosages of materials of a
medicinal nature. The use of indicia to calibrate
an effective dose is taught by Fleischer without
limitation as to color or design. Since indicia are
merely markings, this would encompass linear
markings or patterns in outline or of a single color
as long as the pattern was calibrated to be
representative of the dose to be administered. The
combination of references therefore would have
suggested the use of calibrated indicia, including a
first colored area or certain shape on a toothbrush
for a child’s dose, within or adjacent to a second
color or shape so as to provide the user with
guidance as to [the] amount of toothpaste to be
deposited thereon. The method of use would be the
depositing of the dose substantially within the
calibrated area as marked by indicia, and then the
administration of that does from the same device.
[Answer, pages 4-5.]
Opinion
Rejections based on 35 U.S.C. § 103 must rest on a
factual basis. In re Warner, 379 F.2d 1011, 1017, 154 USPQ
173, 177-78 (CCPA 1967), cert. denied, 389 U.S. 1057 (1968).
In making such a rejection, the examiner has the initial duty
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007