Ex parte POTTI et al. - Page 2




             Appeal No. 1999-0706                                                               Page 2              
             Application No. 1999-0706                                                                              


                                                 BACKGROUND                                                         
                    The appellants' invention relates to a tongue cleaner having a shank portion (16), an           
             edge portion (22) for scraping the tongue and a support portion (20) which supports the edge           
             portion.  The support portion is skewed relative to the shank portion to slope downwardly,             
             following the downward slope of the posterior portion of the tongue, for effective engagement          
             of the edge with the posterior portion of the tongue without the user having to uncomfortably          
             tilt the shank toward the roof of the mouth (specification, page 2).  In another aspect of the         
             invention, the edge portion of the tongue cleaner is contoured to have a relatively deep central       
             portion (38), in order to effectively reach into a depression of the tongue (specification, page       
             4).  A copy of the claims on appeal appears in the appendix to the appellants' brief.                  
                    The prior art references of record relied upon by the examiner in rejecting the appealed        
             claims are:                                                                                            
             Potti                             Des. 221,036                      Jun. 29, 1971                      
             Robinson                   3,635,222                                Jan. 18, 1972                      
             Yen-Hui                    5,005,246                                Apr.  9, 1991                      
                    The following rejection is before us for review.                                                
                    Claims 1-21 stand rejected under 35 U.S.C. § 103 as being unpatentable over Potti in            
             view of Robinson and Yen-Hui.                                                                          












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