Appeal No. 2000-1457 Page 4
Application No. 08/739,888
relevant teachings of the references to arrive at the claimed
invention. See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d
1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,
1016, 173 USPQ 560, 562 (CCPA 1972).
Claim 1 (the only independent claim on appeal) reads as
follows:
A shower curtain rod for hanging and supporting the
weight of a shower curtain and comprising an elongate rod
having first and second spaced end portions defining an
angle therebetween, wherein said end portions are fixed
in location above a bath tub by end receiving fittings,
and wherein said rod defines one smooth continuous curve
between said end portions, and said fittings are
supported on a pair of parallel walls located at opposite
ends of said bath tub, and said fittings comprise:
(a) a back plate attached to said wall;
(b) a protruding rod connector with a major axis,
wherein said connector is a protruding hollow cylinder to
fit around said rod and is slidingly adjustable with the
rod; and
(c) said major axis of said protruding rod connector
is horizontal and is angled with respect to said wall to
form an angle with an opposed rod connector that is the
same as the angle between the end portion of the rod;
wherein said fittings
(d) support said rod elevated above the bath tub at
a height and in a horizontal plane to define a shower
enclosure; and said shower curtain rod has said two end
portions and a curving portion conforming to a portion of
the curvature of the bath tub therebelow to enable a
curtain hanging from the rod to drape into the tub.
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