Appeal No. 2000-0652 Page 7
Application No. 08/868,774
instrument comprises essentially a body 1, a s1iding tubular
support 2, a container 3, a hollow needle 4, a mouthpiece 5, a
propulsion spring 6 and a latch 7. Ben Moura teaches (column
2, lines 32-39) that the instrument body 1 may be formed of
plastic material or of metal and, is of elongated shape and
has a configuration such as to afford a convenient grip for
the user. As shown in Figures 2-3, the body 1 is provided
with hollowed-out portions 11 and in which the operator's
fingers may be placed in order to ensure a perfect grip. The
sliding support 2 is constituted by a tubular member which is
capable of sliding axially within a bore 14 of the body 1. In
Figure 3, the sectional view of the sliding support 2 appears
to be hatched to indicate metal.
It is the position of the examiner (answer, p. 4) that
Ben Moura teaches a gripping layer of plastic (i.e., body 1)
covering a metal base (i.e., sliding support 2) and that it
would be inherent that the plastic material of body 1 would be
a softer material than the metal support 2. We do not agree.
In that regard, it is not clear from the disclosure of Ben
Moura that the missing descriptive matter (i.e., that the
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