Appeal No. 1998-1939
Application No. 08/403,288
After fully considering the record in light of the
arguments presented in appellant’s brief and reply brief, we
conclude that claim 1 is unpatentable over the combined
teachings of Newell, Gueret ‘011 and Cole.
Newell discloses a brush usable as, inter alia, "an
applicator for applying cosmetics to one’s face and/or hands"
(col. 1, lines 23 to 25). A tuft of axially-extending
bristles 11 is attached to handle 12 by a filament ("staple")
20, made of various plastics (col. 2, lines 45 to 48). The
material of the bristles is not specified, except that they,
like the rest of the brush, are made of plastic (col. 3, lines
37 to 46).
Cole discloses brushes of various configurations for
applying cosmetics such as mascara or lipstick (page 1, line
34). All the disclosed brushes have axially-extending
bristles 13, 18, 20, 23, etc.; the brush of Figure 8 also has
radially-extending bristles 27. The bristles may be in the
form of tufts, can be stapled to the handle (page 2, lines 87
to 96), and are made from "rubber or plastics materials" (page
1, lines 41 to 45).
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