Ex parte ARGENT - Page 13




                 Appeal No. 97-3345                                                                                                                     
                 Application 08/332,936                                                                                                                 



                 readily perceive the teachings of Shibahara and Nemoto to be                                                                           
                 reasonably pertinent to pipelaying problems and arrangements                                                                           
                 of concern to McGugan as well as appellant,  and hence                       3                                                         
                 analogous prior art.  Further, assessed as a whole, and                                                                                
                 contrary to appellant’s point of view, we consider the applied                                                                         
                 teachings to be suggestive of the claimed invention, without                                                                           
                 impermissible hindsight reliance upon appellant’s own                                                                                  
                 teaching.                                                                                                                              


                                   In summary, this panel of the board has:                                                                             


                                   affirmed the rejection of claims 14 through 18, and                                                                  
                 33 under 35 U.S.C. § 103 as being unpatentable over McGugan in                                                                         
                 view of Sweeney and St. Onge, but reversed the rejection of                                                                            
                 claim 34 on this same ground;                                                                                                          






                          3We note that appellant contemplated not only horizontal                                                                      
                 pipe orientation, but also vertical orientation                                                                                        
                 (specification, page 8, lines 25 through 28).                                                                                          
                                                                          13                                                                            





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