Appeal No. 2004-1246
Application No. 09/960,948
Funcke is directed to a combination toothbrush and container.
The Funcke device comprises a container having an opening 4 for
access to the interior thereof, and a cap in the form of a
toothbrush 6 having a bristle portion 7 and a handle 9. The handle
is configured to close off the opening of the container to prevent
leakage therefrom. Funcke states (page 1, lines 62-68) that the
container may be filled with a liquid or dry prophylactic or
concentrated dentifrice to keep the brush sterilized and to kill
germs.
Kemmerer pertains to a mascara applicator comprising a
container 26 and a cap for closing off the container. The cap
includes a handle 32 having a threaded portion 34 for engaging
complimentary threads 36 on the container and an applicator brush
16 having bristles 18, 20.
Beals is directed to a toothbrush having a handle comprising a
base of rigid material and an outer portion of softer resilient
material to provide enhanced comfort and a more secure grip (column
3, lines 16-17; column 3, lines 45-54).
In rejecting claims 1 and 12 as being unpatentable over Funcke
or Kemmerer in view of Beals, the examiner has taken the position
that each of Funcke and Kemmerer discloses a combination container
and applicator generally as claimed, including an applicator brush
4
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