Ex parte CARIC et al. - Page 2




                 Appeal No. 1999-0180                                                                                                                   
                 Application No. 08/629,260                                                                                                             


                 not being readable on the elected species.  An amendment filed                                                                         
                 subsequent to the final rejection on July 11, 1997 (Paper No.                                                                          
                 12) has been approved for entry by the examiner.  See the                                                                              
                 advisory letter mailed July 28, 1997 (Paper No. 13).                                                                                   
                          Appellants’ invention pertains to a depilation apparatus                                                                      
                 comprising a depilation member for gripping hairs on human                                                                             
                 skin and pulling the hairs from the skin.  Claim 21, the sole                                                                          
                 independent claim on appeal, is illustrative of the appealed                                                                           
                 subject matter.  A copy of claim 21 is found in an appendix to                                                                         
                 appellants’ main brief.                                                                                                                
                          The references of record relied upon by the examiner as                                                                       
                 evidence of obviousness are:                                                                                                           
                 Sciple                           919,649          Apr.  27,                                                                            
                 1909                                                                                                                                   
                 Garenfeld et al. (Garenfeld)   5,346,499          Sep.  13,                                                                            
                 1994                                                                                                                                   
                          Claims 2-5, 14-19 and 21 stand rejected under 35 U.S.C.                                                                       
                 § 103 as being unpatentable over Garenfeld in view of Sciple.1                                                                         
                          Reference is made to appellants’ main and reply briefs                                                                        
                 (Paper Nos. 16 and 18) and to the examiner’s answer (Paper No.                                                                         

                          1A rejection of claims 2-5, 14-19 and 21 under 35 U.S.C.                                                                      
                 § 112, second paragraph, made in the final rejection has been                                                                          
                 withdrawn.  See Paper No. 13.                                                                                                          
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