Appeal No. 1998-2019 Page 4
Application No. 08/398,752
We note that an elastomeric material is "a rubber-like synthetic polymer, as silicone
rubber" (Webster's New World Dictionary, Third College Edition (Simon & Schuster, Inc.
1988)). Therefore, we are in complete agreement with the appellant (brief, page 7) that
the phrase "elastomeric material" in claims 1 and 11 is not redundant of the
phrase "an elastic body". Although a body made from an elastomeric material
may be an elastic body, an elastic body is not always made from elastomeric
material. For example, a spring is an elastic body that may be made from steel
or other ferrous material, which is not considered to be elastomeric material.
Thus, the claim language modifies the elastic body so that it is made from
elastomeric material and is not a redundant statement of the elastic body.
With particular regard to claims 3, 8, 10, 12, 18 and 20, the examiner (answer, page 5)
further asserts that "[i]t is not clear how the flexible indicator [is] 'bristle-like'? It is suggested
the expression be changed to -a plurality of closely spaced elongated flexible elements."
In response to this rejection, the appellant (brief, page 8) points out that "the word
'bristle' is defined as 'a stiff, glossy hair of swine especially one of those growing on the back,
used for making brushes; also, a similar hair on other animals.' (Webster's New Universal
Unabridged Dictionary, Deluxe Second Edition, copyrighted in 1972)." As further noted by
the appellant, the "bristle-like members 34" are disclosed in the appellant's specification (page
6) as being made from brightly colored plastic.
Having reviewed the appellant's disclosure as a whole, we are satisfied that one of
ordinary skill in the art would have understood the "bristle-like members" to be elongated
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