Appeal No. 2001-0648
Application No. 07/702,615
leaf brushes are unpersuasive of nonobviousness.
Since appellant makes no further arguments regarding the
patentability of the instant claimed subject matter, we will
sustain the rejection of claims 48, 51-58, 60-67, 72 and 75-79
under 35 U.S.C. 103.
Regarding the rejection of claim 93 under 35 U.S.C. 103, the
examiner sets forth the rationale for this rejection at page 5 of
the answer. Appellant’s sole argument [brief-pages 6-7] is,
again, directed to the difference between carbon leaf and
fingerleaf brushes. However, this is unpersuasive of
nonobviousness of the instant claimed subject matter because
claim 93 does not recite “carbon leaf brushes” in any manner.
We would also point out that while appellant contends that,
with regard to the argument relative to claims 48, 51-58, 60-67,
72 and 75-79, “Mabuchi is directed to fingerleaf brushes” [brief-
page 4], appellant then states, with regard to the rejection of
claim 93, that “JP ‘672, like Mabuchi ‘450 and Mabuchi ‘953, is
directed to carbon leaf brushes rather than finger leaf brushes”
[brief-bottom of page 6]. Thus, unless there has been a
typographical error in this latter citation, it appears that
appellant is arguing both ways.
In any event, since appellant’s arguments do not persuade us
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