Appeal No. 96-0674
Application 08/533,287
a toothbrush portion detachably secured to a handle in the
form of
an animate character. An understanding of the invention can
be derived from a reading of exemplary claim 1, which has been
reproduced in the "Appendix" to appellant's Brief (Paper No.
9).2
THE REFERENCES
The prior art references of record relied upon by the examiner
in rejecting the appealed claims are:
Guest et al. (Guest) 5,306,019 Apr. 26, 1994
Zandberg et al. (Zandberg) Des. 209,574 Dec. 19, 1967
Schleich 656,087 Aug. 08, 1951
(British Patent)
THE REJECTION
Claims 1 through 3, 5 and 7 stand rejected under
35 U.S.C. § 103 as being unpatentable over Zandberg in view of
Schleich and Guest.3
We note the following error in claim 1 as reproduced in the2
"Appendix": line 6, "i" should read --in--.
Strict antecedent basis is lacking for the recitation of "said3
toothbrush" in lines 8 and 9 of claim 1. It appears that the language should
read --said toothbrush toy--. Correction of this informality is in order upon
return of this application to the jurisdiction of the examiner.
2
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