Appeal No. 98-1032
Application 08/620,658
entered. As a result of these amendments, claims 2, 7 and 152
have been canceled and claims 21-23 have been added.
Accordingly, claims 1, 3-6, 8-14, 16, 19 and 21-23 are before
us on appeal. No other claims are pending.
Appellants’ invention “relates to a hand held soap saver
and [soap lather] dispenser for use in bath, shower or sink,
that also functions as a novelty ornamental toiletry
accessory” (specification, page 1). Independent claim 1, a
copy of which appears in an appendix to appellants’ brief, is
illustrative of the appealed subject matter.
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:3
Hoy 1,511,969 Oct. 14, 1924
Jones 1,909,966 May 23, 1933
West 2,779,128 Jan. 29, 1957
Mezey 3,426,464 Feb. 11, 1969
Monnet 1,128,833 Jan. 10, 1957
(French Patent Document)
2See the advisory letter mailed March 27, 1997 (Paper
No. 11).
3Our understanding of the French patent to Monnet and
the German patent document to Kolloch is derived from
translations thereof prepared in the Patent and Trademark
Office. Copies of these translations are attached to this
opinion.
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