Ex parte EDGAR - Page 5




          Appeal No. 1999-0739                                                        
          Application 08/747,663                                                      



                    In reaching our decision in this appeal, we have                  
          given careful consideration to appellant’s specification and                
          claims, to the applied prior art references, and to the                     
          respective positions articulated by appellant and the                       
          examiner.  As a consequence of our review, we have made the                 
          determinations which follow.                                                

                    Looking at page 3 of the brief, we note that                      
          appellant has indicated that independent claims 1 and 12 are                
          separately patentable, that dependent claims 2 through 11                   
          stand or fall with claim 1, and that dependent claims 13                    
          through 18 stand or fall with claim 12.  Thus, we focus our                 
          discussions below on                                                        
          independent claims 1 and 12, and consider that the dependent                
          claims before us on appeal will stand or fall with their                    
          respective independent claims.                                              

                    Independent claims 1 and 12 each define appellant’s               
          device for cleaning and treating the tongue as including,                   
          inter                                                                       



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