Appeal No. 98-1252 Page 6
Application No. 08/642,184
mounted within the cap by simply supporting the coil on a
rotatable flat disc 30 that in turn is supported on the
internally-threaded cylindrical member 24 which serves as the
means to attach the cap to the externally-threaded outlet or
nozzle 26 of the toothpaste container. In our view, the
examiner has impermissibly relied on the appellant's own
disclosure for a suggestion to single out the feature of a
cylindrical side wall from the cap of Paulson and incorporate
this feature into the side wall of the separate housing that
forms the dental floss dispenser in the toothpaste container of
Miles, as modified by Grussmark. This being the case, we will
not sustain the rejection of 1, 2 and 23 under 35 U.S.C. § 103
based on the combined teachings of Miles, Grussmark and
Paulson.
Rejection (2)
The examiner is of the opinion that it would have been
obvious to configure or size the surface of the cap or bottom
wall 7 of the dental floss dispenser 2 of Cordero in such a
manner that it will stand upright on a planar surface in view
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Last modified: November 3, 2007