Ex Parte Porter et al - Page 11




          Appeal No. 2004-1058                                                        
          Application 09/584,053                                                      


          the Deneen device on a furry pet.  Moreover, even if Clements did           
          contain such a suggestion, this use of the Deneen device would              
          not, for the reasons explained above, respond to the limitations            
          in independent claims 12, 24 and 28 requiring the blade edge to             
          “engage the loose hair of the pet and pull it from the pet                  
          without cutting or pulling the non-loose hair from the pet” when            
          pulled along the handle axis.  Thus, the combined teachings of              
          Deneen and Clements do not justify the examiner’s conclusion of             
          obviousness with respect to the subject matter recited in claims            
          12, 24 and 28.                                                              


               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103(a) rejection of independent claims 12, 24 and 28, and                 
          dependent claims 13 through 18, 20, 22, 23, 25 through 27 and 29,           
          as being unpatentable over Deneen in view of Clements.                      












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