Ex parte GUERET - Page 2




                 Appeal No. 98-1848                                                                                                                     
                 Application 08/500,781                                                                                                                 


                 10, 14, and 16 to 20 were canceled by an amendment filed July                                                                          
                 14, 1997 (Paper No. 16).  Accordingly, only the final                                                                                  
                 rejection of claims 3 to 5, 7 to 9, 11 to 13, 15, 21, and 22                                                                           
                 remains 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. 98-1019 in appellant’s                                                                           
                 application Serial No. 08/500,782, 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:                                                                                     
                 Cabot                               3,271,807                                    Sept. 13, 1966                                        
                 Gueret                              4,927,281                                    May   22, 1990                                        
                 Guerret                             5,020,551                                    Jun.   4, 1991                                        
                 Beck et al. (Beck) 5,107,870                                                     Apr.  28, 1992                                        
                 Dahm                                         2,082,553                                    Mar.  10, 1982                               
                 (British Patent Document)                                                                                                              


                          2Another amendment filed subsequent to the final                                                                              
                 rejection on March 14, 1997 (Paper No. 10) has not been                                                                                
                 entered.                                                                                                                               
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