Ex parte HENDRICKSON - Page 9




          Appeal No. 97-3661                                                          
          Application No. 08/456,692                                                  


          Melvin, and we therefore will not sustain the rejection of these            
          claims.                                                                     
               The second Section 103 rejection made by the examiner is               
          that claims 26, 27, 31, 32, 36, 37, 40 and 41 are unpatentable              
          over the teachings of Melvin in view of Belden, Hepburn and                 
          Joseph.  Claims 26, 31, 36 and 40 add the limitation that the rim           
          in the claims from which they depend is “directed outwardly” from           
          the sloping sides and ends of the funnel.  All three of the                 
          secondary references here applied disclose rims extending                   
          outwardly from the sloping sides of funnels.  We agree with the             
          examiner that extending the rim of the Melvin funnel outwardly              
          from the sloping sides would have been an obvious expedient to              
          one of ordinary skill in the art for the self-evident advantages            
          thereof, such as structural rigidity, which would have been known           
          to the artisan.  The rejection of these claims therefore is                 
          sustained.                                                                  
               Claims 27, 32, 37 and 41 add the “recess” discussed above,             
          which in our view is not taught by Melvin.  Nor do we find this             
          to be rendered obvious by Belden, Hepburn or Joseph.  We                    
          therefore will not sustain the rejection of these claims.                   
               We have carefully considered the arguments presented by the            
          appellant as they apply to the examiner’s rejections and to the             

                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007