Appeal No. 1999-0930
Application 08/410,931
the respective viewpoints of appellant and the examiner. As a
consequence of our review, we make the determinations which
follow.
We reverse the respective rejections of the claims on
appeal under 35 U.S.C. § 103.
Initially, we make the following findings relative to the
examiner’s evidence of obviousness.
The Gueret document discloses an applicator device (Fig.
1) that includes a brush comprising a tuft of hairs 8 carried
by a stem 9 and a bottle 2 containing a liquid product L. The
stem includes a hollow portion 14 defining a chamber or
reservoir R which is capable of replenishment by capillarity
when the hairs 8 of the brush are immersed in the liquid
product L. The hollow portion 14 comprises capillary
striations 18 (Fig. 2) oriented parallel to the axis of the
been expected to draw from the disclosure. See In re Preda,
401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
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