Appeal No. 1998-1939
Application No. 08/403,288
any specific materials. However, the Cole reference suggests
that the brushes disclosed therein may be used to apply liquid
cosmetic material (page 1, line 65), which would include nail
varnish, and in connection with its disclosure that the
bristles may be made of rubber or plastic materials, states
that "The applicator can thus be made very much more cheaply
than a conventional bristle brush" (page 1, lines 46 to 48).
In view of this teaching of Cole, we consider that it would
have been obvious to one of ordinary skill in the art to make
the bristles of the Newell brush of vulcanized rubber in order
to reduce the cost of the brush. While this may not be the
reason why appellant uses vulcanized rubber bristles, "the law
does not require that the references be combined for the
reasons contemplated by the inventor." In re Beattie, 974
F.2d 1309, 1312, 24 USPQ2d 1040, 1042 (Fed. Cir. 1992).
We will accordingly sustain the rejection of claims 23
and 24.
Conclusion
The examiner’s decision to reject claims 1 to 26 is
affirmed as to claims 1, 3 to 6 and 10 to 26, and reversed as
to claims 2 and 7 to 9.
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