Appeal No. 1999-0955
Application No. 08/687,872
retained by the cap 10. In use, a screw threaded stem 12 is4
rotated by way of a knob 14 moving a piston 13 toward the cap
10 and forcing the wax through the apertures in member 16 and
through the applicator pad 17 so that the wax may be applied
to the shoes.
Hall clearly lacks any teaching or suggestion that the
application element 17 is rigid, non-deformable or sintered.
Instead, Hall discloses that the pressure on the rim
compresses
the pad and that the central portion bulges through the
aperture in the cap, suggesting that application element 17 is
both flexible and deformable.
Berghahn’s invention is directed to an improvement over
prior art antiperspirant or deodorant applicators which use a
shaped, non-flexible, non-deformable, sintered porous
synthetic plastic resin applicator element having a controlled
With regard to the Figure 2 embodiment, Hall states that “[a]4
polishing pad 17 of polyurethane plastic, corresponding to the disc 7 is again
used to form the applicator.” See p. 2.
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