Appeal No. 98-2120
Application No. 08/607,915
Claims 5-11 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Keith in view of Fierus and Houlihan. The
examiner is of the opinion that it would have been obvious to
provide the device of Keith with a locking mechanism of the
type disclosed by Fierus. Additionally, the answer states
that:
The motivation is provided by Houlihan's lock #30.
Houlihan also discloses the equivalence of lipstick
and deodorant. [Page 3.]
We will not support the examiner's position. Keith
discloses two embodiments of a cylindrical lipstick dispenser
that is refillable. In the embodiment of Figs. 1-3, the
bottom of the cylinder or barrel that forms the enclosure of
the dispenser has a removable sealing cap 3 which allows a
lipstick 7 and a holder 8 to be inserted into the bottom of
the cylinder or barrel. The wall of the cylinder or barrel is
provided with an elongated slot 4 having a plurality of detent
notches 13 spaced along one side thereof. The holder 8
comprises a split expansion ring that contracts around and
grips the end of the lipstick and has protruding ears 9,10,
with the ear 9 having a holding member 14 formed thereon.
When the lipstick 7 and the holder 8 are inserted into the
3
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