Appeal No. 2004-1246
Application No. 09/960,948
Claims 1-3, 5, 6, 8, 10, 12-14, 16, 17 and 19 stand further
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Kemmerer in view of Beals.
Reference is made to appellant’s main and reply briefs (Paper
Nos. 12 and 17) and to the examiner’s answer (Paper No. 13) for the
respective positions of appellant and the examiner regarding the
merits of these rejections.
Discussion
Independent claim 1 is directed to a combination container and
applicator comprising (a) a reservoir having an opening for access
to the interior thereof, and (b) a cap for sealing the opening.
The cap comprises a rigid base member, an applicator brush fixed to
the base member, and an overshell of compressible material provided
on the base member to provide a gripping surface for the cap. In
addition, claim 1 calls for the applicator brush to be aligned in
substantially the same direction as the longitudinal axis of the
base member. Claim 12, the only other independent claim on appeal,
is similar to claim 1 except that instead of calling for an
overshell constructed of compressible material, claim 12 sets forth
an overshell constructed of non-rigid material.
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