Appeal No. 1998-1939
Application No. 08/403,288
would in all likelihood stick together and generally be
unusable for their intended purpose. The brushes claimed in
claims 5 and 26 therefore would have been obvious for the same
reasons as discussed above with regard to claim 1, and the
rejection of claims 5 and 26 will be sustained.
Claims 23 and 24 are specific to the application of nail
varnish, claim 23 being essentially drawn to a method for
applying nail varnish with a brush as defined in claim 1, and
claim 24 to a unit for applying nail varnish comprising a
container containing nail varnish and a stopper joined to a
brush as defined in claim 1. As noted previously, the Newell
brush is disclosed as being utilized as an applicator for
applying cosmetics to the hands (col. 1, lines 23 to 25), and
since nail varnish is one, if not virtually the only, cosmetic
normally applied to the hands, we conclude that it would have
been obvious to utilize the brush of Newell for applying nail
varnish. With regard to claim 24, Newell shows the brush 11
attached to a sealing cap 14 for a container (col. 3, line 55,
to col. 4,
line 6). Newell differs from claims 23 and 24 in that it only
indicates that the bristles are made of plastic, rather than
10
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