Appeal No. 2002-2156 6
Application 29/113,438
configuration that would be presented by the modified Vonarburg toothbrush does not
fall within the scope of a “de minimis” difference from that of the claimed toothbrush,
that is, a minute detail or small variation in the design, as appears to be the examiner’s
opinion. It therefore is our conclusion that, even conceding, arguendo, the position
advanced by the examiner with regard to the addition of color to the Vonarburg
toothbrush handle, the combined teachings of the applied references fall short of
establishing a prima facie case of obviousness with regard to the claimed invention.
CONCLUSION
Neither rejection is sustained.
The decision of the examiner is reversed.
REVERSED
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