Ex Parte Goldberg - Page 2




             Appeal No. 2003-1450                                                                   2               
             Application No. 09/640,325                                                                             

             refusing to allow claims 1 through 9, which are all the claims pending in this application.1           

                     THE INVENTION                                                                                  

             The invention is directed to a method for treating diaper rash using an applicator                     
             having a particular structure.  Additional limitations are described in the following                  
             illustrative claims.                                                                                   


                                                  THE CLAIMS                                                        

             Claims 1 and 8 are illustrative of appellant’s invention and are reproduced below.                     

             1.  A method for treating diaper rash comprising applying an anti-diaper rash agent from               
             an applicator to the skin of a baby wherein the applicator comprises an elongated housing              
             containing said anti-diaper rash agent, an elliptically domed applicator portion at one end            
             of the housing and slots formed through said elliptical domed applicator portion and a                 
             means for forcing said cream of said applicator through said elongated slots in said                   
             elliptically domed applicator portion.                                                                 
             8.  The applicator according to claim 7 wherein said elliptically domed applicator portion is          
             made from a plastic containing an antibacterial agent.                                                 


                                        THE REFERENCES OF RECORD                                                    

             As evidence of obviousness, the examiner relies upon the following references:                         
             Moss                       4,816,254                   Mar.  28 1989                                   
             Dornbusch et al.           5,547,302                   Aug. 20, 1996                                   
             Franta et al. (Franta)     5,879,096                   Mar.  09 1999                                   
             Eguchi et al. (Eguchi)     JP 10029907                 Mar.  02 1998                                   

                    1Claims 10 and 11 have been allowed by the examiner.  See Answer, page 2.                       





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