Appeal No. 1998-3312
Application No. 08/354,803
pasty product, said device including a tubular element (50)
with a slideway (60), a cylindrical casing (30) having at
least one helical slot (40), an outer sleeve (46) in which the
cylindrical casing (30) is immobilized, and a flexible tab
(76) and an inclined bearing surface (190). Holloway fails to
teach a flexible bearing means as set forth in claim 1 on
appeal including a plurality of tongues designed to interact
with a bearing surface which is inclined radially of the axis
of the tubular element and being situated beyond the lower end
of the outer sleeve.
The Gruska patent teaches a holder for a pasty product
including a tubular element (23) with a slideway (28) and a
base (43), a cylindrical casing (31) having two helical slots
(35, 36), an outer sleeve (39) in which the cylindrical casing
(31) is immobilized and a flexible bearing means including
tongues (31A) defined by slots (47, 51, 52) in the end of the
casing (31) and an inclined surface (45A) on the base (43) of
the tubular element (23). As shown in Figure 8, the outer
sleeve (39) extends over and beyond the flexible bearing means
(31A, 45A).
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