Ex parte GRUSSMARK - Page 11




          Appeal No. 98-1252                                        Page 11           
          Application No. 08/642,184                                                  


          Cordero is indeed attached to the "top wall" (i.e., the wide-               
          angled frusto-conical surface 9 depicted in Figs. 2 and 3).                 
               In view of the above, we will sustain the rejection of 12,             
          15, 17 and 22 under 35 U.S.C. § 103 based on the combined                   
          teachings of Cordero and White.                                             




          Rejection (3)                                                               
               The examiner is of the opinion that it would have been                 
          obvious to removably mount a dental floss dispenser on the cap              
          Paulson (rather than mounting a coil of dental floss within the             
          cap as taught by Paulson in Fig. 3) in view of the teachings of             
          Grussmark.  According to the appellant, however,                            
               the Examiner's combination here is illogical and                       
               incorrect because Grussmark teaches removably                          
               attaching a dental floss dispenser to a closure cap                    
               and Paulson teaches a closure cap which also                           
               functions as a dental floss dispenser.  Combining                      
               both references in this manner without hindsight                       
               reconstruction using the teachings of Appellant's                      
               invention would lead to a dental floss dispenser                       
               attaching to the combination of a closure cap and                      
               dental floss dispenser, thereby rendering device with                  
               two dental floss dispensers.  [Brief, pages 17 and                     
               18.]                                                                   









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