Appeal No. 1998-1939
Application No. 08/403,288
as usable for applying mascara, would have been readily
suggested by the teaching of Gueret ‘011 that bristles made of
such materials should be used when applying
mascara in order to avoid irritating contact with the eye.
Although the brush disclosed by Gueret ‘011 has radially-
extending bristles, the teachings of this reference concerning
the desirability of using soft bristles to apply mascara would
be equally applicable to a mascara brush (such as Cole’s) with
axially-extending bristles.
Newell is considered to be essentially superfluous to the
rejection of claim 1.
Accordingly, the rejection of claim 1 will be sustained,
as will the rejection of claims 10 to 22, which appellant has
grouped with claim 1 (Brief, page 3, section VII).
Claim 2 recites:
The brush of claim 1, wherein at least a
proportion, of the bristles are comprised of a
combination of at least one non-elastomeric
thermoplastic polymer with at least one material
selected from the group consisting of an
elastomeric thermoplastic, a vulcanized material
and a mixture thereof.
Claim 7 is similar, but is more specific as to the non-
elastomeric thermoplastic polymer and does not recite "a
7
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