Appeal No. 98-1252 Page 10
Application No. 08/642,184
examiner (see answer, page 12) or provided a laterally
extending grasping means such as that taught by White at 9 (see
page 1, column 2, lines 19-21).
The appellant further argues that even if the references
were combined in the manner proposed by the examiner "the
closure cap 10 [of Cordero] is removably attached to the inner
conical wall rather than the top wall of the dispenser" (see
brief, pages 21 and 22). First, this argument is not
commensurate in scope with the claimed subject matter since
there is no claim limitation which requires the cap to be
removably attached to the top wall of the dental floss
dispenser. Instead, the claims under consideration more
broadly recite a means adjacent the top wall for removably
attaching the dispenser to the cap. As we have noted above,
the steeply angled frusto-conical surface or socket 9 depicted
in Figs. 2 and 3 of Cordero is clearly "adjacent" the top wall
for attaching the housing to the cap means 10. Second, even if
such a limitation had been claimed, the steeply angled frusto-
conical surface or socket 9 depicted in Figs. 2 and 3 of
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007