Ex parte MURGIDA et al. - Page 3




          Appeal No. 1999-0955                                                        
          Application No. 08/687,872                                                  


          by the examiner and appellants regarding the above-noted                    
          rejection, we make reference to the answer (Paper No. 15) for               
          the examiner’s complete reasoning in support of the rejection               
          and to the brief for appellants’ arguments thereagainst.                    


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to appellants’ specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellants and the examiner.  As a                 
          consequence of our review, we make the determinations which                 
          follow.                                                                     
               Independent claim 16 calls for an “[a]pparatus for                     
          dispensing an antiperspirant or deodorant composition having a              
          viscosity of about 12,000 to 50,000 cP . . . comprising: a                  
          container having . . . a container opening . . . said                       
          container opening at least partially filled with said                       
          composition, a transport mechanism . . . for transporting at                
          least a portion of said composition . . . and a rigid, non-                 
          deformable, sintered polyolefin porous dome . . . having an                 
          externally disposed upper surface with a smooth rounded                     
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