Appeal No. 1999-0955
Application No. 08/687,872
the examiner described Berghahn as teaching both the use and
non-use of a metering element 34 and determined that it would
have been obvious to eliminate the apertured member 16 of Hall
in view of this teaching in Berghahn. Id. at p. 4.
We do not consider that it would have been obvious to
combine Hall with Berghahn as proposed by the examiner. Hall
is concerned with a dispenser for applying cleaning fluid or
polish in the form of wax or liquid to shoes. To this end,
Hall provides a container having a flexible, compressible,
opened-cell foam polyurethane applicator pad mounted in the
cap for the container. Berghahn discloses a liquid applicator
for applying antiperspirant or deodorant to human skin.
Assuming arguendo that it was known in the cosmetic art prior
to appellants’ invention to replace a porous, flexible and
deformable applicator pad with a porous, rigid applicator, the
purpose of the Hall
applicator pad is so different from that of Berghahn that one
of
ordinary skill would not, in our view, have found in Berghahn
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