Appeal No. 98-1019
Application 08/500,782
19, 20, and 22 to 25 were canceled by an amendment filed July
14, 1997 (Paper No. 12½). Accordingly, only the final
rejection of claims 1, 3 to 14, 16 to 18, 21, and 26 remain
before us for review.2
As a preliminary matter, we note that the subject matter
and issues presented in the instant appeal are similar to
those presented in related Appeal No. 98-1848 in appellant’s
application Serial No. 08/500,781, which related appeal is
decided concurrently herewith.
Appellant’s invention is directed to an applicator for
applying a make-up product. The subject matter before us on
appeal is reproduced in an appendix to the brief.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Higgins 571,367 Nov. 17, 1896
Pessels 1,389,071 Aug. 30, 1921
Baumgartner 2,348,515 May 9, 1944
Plunkett 3,087,191 Apr. 30, 1963
Cabot 3,271,807 Sept. 13, 1966
Gueret 4,927,281 May 22, 1990
Beck et al. (Beck) 4,972,858 Nov. 27, 1990
Guerret 5,020,551 Jun. 4, 1991
2Another amendment filed subsequent to the final
rejection on March 14, 1997 (Paper No. 8) has not been
entered.
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