Ex Parte Brothers - Page 3




          Appeal No. 2004-0314                                                        
          Application No. 09/965,496                                                  


                                    THE REFERENCE                                     
          Wewetzer                    2,461,711               Feb. 15, 1949           
                                    THE REJECTION                                     
               Claims 4-6 stand rejected under 35 U.S.C. § 102(b) as being            
          anticipated by Wewetzer.                                                    
                                       OPINION                                        
               We reverse the aforementioned rejection.  We need to address           
          only claim 4, which is the sole independent claim.                          
               Wewetzer discloses a cosmetics compact made partly or                  
          entirely of plastic (col. 1, lines 1-4).  The sole point of                 
          dispute between the appellant and the examiner is whether the               
          cover of Wewetzer’s compact is removable.                                   
               Wewetzer discloses that 1) “[t]o assemble the cover hinge              
          parts, the pintle [rounded bar 28] is slid endwise within the               
          channels of the plug [32] prior to fitting of the latter within             
          the base; when assembled, and the plug is secured in its final              
          position, the base side walls then extend over the ends of the              
          bars whereby to prevent any endwise movement between the cover              
          and its hinge plug” (col. 3, lines 26-34), and 2) the parts are             
          “secured together by heat and pressure, by an adhesive, or by any           
          method as now commonly employed” (col. 3, lines 56-59).                     


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