Appeal No. 2002-1224
Application No. 09/266,927
nonelected invention.1 These are all of the claims in the
application.
The subject matter on appeal relates to a paint applicator
apparatus comprising a backing base and a paint-applying medium
connected to the lower surface of the backing base. The paint-
applying medium may be a cross-section of a natural sponge or a
chamois leather. This appealed subject matter is adequately
illustrated by independent claims 1 and 28 which read as follows:
1. A faux finish paint applicator apparatus comprising a
backing base having an upper surface and a lower surface, and a
paint-applying medium connected to the lower surface of the
backing base, wherein the paint applying medium is a cross-
section of a natural sponge.
28. A paint pad apparatus comprising a backing base having
an upper surface and a lower surface, and a paint-applying medium
connected to the lower surface of the backing base, wherein the
paint applying medium is chamois leather.
The references set forth below are relied upon by the
examiner in the section 102 and section 103 rejections before us:
Sewell 3,083,392 Apr. 2, 1963
Tollin et al. (Tollin) 3,597,099 Aug. 3, 1971
1 As correctly indicated by the examiner in the answer
(e.g., see pages 3, 8 and 9), the appellant’s arguments and
comments regarding claims 29-43 are simply not germane to the
subject appeal since the nonelected-invention status of these
claims involves a petitionable rather than an appealable issue.
In re Hengehold, 440 F.2d 1395, 1403, 169 USPQ 473, 479 (CCPA
1971). Therefore, we shall not consider or further comment upon
the appellant’s remarks and arguments concerning the
aforementioned claims.
2
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