Appeal No. 1999-0955
Application No. 08/687,872
porosity and omni-directional interconnecting pores. See col.
1, ll. 49-60. Berghahn’s improvement includes the addition of
venting means, e.g., vent 31 in Figure 5, for venting the
interior of the container to the atmosphere and fluid
restricting means 34 for restricting the flow of the product
from within the interior of the container body to the
applicator element. Berghahn also teaches that the pore size
for the applicator element 4 may range from 10 to 500 microns
with 20 to 200 microns being preferred. See col. 5, ll. 3 and
4.
In the examiner’s statement of the ground of rejection,
the examiner described Hall as disclosing “substantially
similar structure, except for the dispensing material” and
Berghahn as
disclosing “the recited material for use in dispensing
deodorant.” The examiner then concluded that “[i]t would have
been obvious . . . to provide such material to dispense
deodorant to a human body.” See answer, p. 3. In addition,
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