Ex Parte ALTSCHULER - Page 6




              Appeal No. 2002-2206                                                               Page 6                
              Application No. 09/054,211                                                                               


              deficiency, the examiner contends that it would have been obvious to one skilled in the                  
              art to provide the apparatus of Guinard with such a plate in view of Morrison in order to                
              easily and effectively remove debris from the teeth and the spaces therebetween (see                     
              answer, page 5).                                                                                         
                    Appellant does not dispute the examiner’s basic position that it would have been                   
              obvious to provide a cleaning plate for Guinard’s comb, the cleaning plate having two                    
              rows of apertures sized to receive the teeth of Guinard’s comb.  Rather, appellant                       
              argues that neither Guinard nor Morrison describes a comb having teeth sufficiently                      
              closely spaced to remove nits and lice and that, even if Guinard’s comb were modified                    
              by spacing the teeth more narrowly, it would not have been obvious to use the device of                  
              Morrison to clean the comb, because such a device would be expected to be too weak                       
              for use (brief, page 4).                                                                                 
                    We appreciate that neither Guinard nor Morrison discloses use of a comb for the                    
              purpose of mechanical removal of pests and their eggs from hair and fur.  While a                        
              comb having more closely spaced teeth than that of Guinard might be more efficient                       
              and thorough for removing some pests and their eggs from hair or fur, Guinard’s comb                     
              is certainly capable, without modification, of trapping some pests and eggs in the                       
              spaces between the teeth of the comb (note the close spacing illustrated in Guinard’s                    
              Figure 1).                                                                                               
                    Additionally, for the reasons discussed above with regard to claim 13, we                          
              consider the spacing of the teeth of Guinard’s comb to meet the limitation in claim 14 of                






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