Appeal No. 98-0606
Application 08/553,603
of general utility, (2) indicates that a variety of sizes,
shapes and tuft materials may be utilized, and (3) offers
little guidance with respect to the particulars of the brush.
Accordingly, to the extent the examiner implies that the Wells
brush is capable of being used as a toothbrush, that position
is speculative. While we appreciate that the brush of Wells
has all the structure recited in the body of independent claim
1, it does not meet the “toothbrush” limitation found in the
preamble of that claim. A conclusion that the brush of Wells
is a toothbrush, or is capable of functioning as a toothbrush,
is simply not supported by Wells. Accordingly, the examiner’s
rejection will not be sustained.
Rejection (3)
The examiner contends that it would have been obvious to
modify the anchoring rings 3 of Wells by making them of silver
or
silver plated metal in view of Braga because
[i]t is considered known that bacteria can grow
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