Appeal No. 2002-1799 Page 4
Application No. 09/353,592
applicator at a position other than being loaded in or on the
applicator tip ... for example, in the device of FIG. 3, the
initiator may be coated on the internal surface of body 200”
(brief, page 5).
Based on Leung’s teachings, the examiner has determined that
it would have been obvious for one of ordinary skill in the art
to coat the outer surface of the inner container (400) of Leung’s
Figure 3 embodiment with the rate modifier rather than the inner
surface of the outer container (200) and as a result arrive at
the subject matter of appellants’ representative claim 1. As
suggested by the examiner, one of ordinary skill in the art would
have recognized from Leung’s teachings that either of those
locations would result in the modifier being available at
essentially the same relative location of the applicator and in a
location satisfying Leung’s non-contact requirement. That
alternative location of the rate modifier would have immediately
commended itself to one of ordinary skill in the art as an
alternative workable, non-contacting location for the modifier
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