Appeal No. 1999-1042 Page 5
Application No. 08/781,220
or from the knowledge generally available to one of ordinary
skill in the art and not from the appellant's disclosure. See,
for example, Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d
1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488
U.S. 825 (1988).
As manifested in independent claim 14, the appellant’s
invention comprises a hollow column formed of at least five
vertical planar side panels, all having the same width and each
being immediately adjacent two others of the side panels. A
medical gas supply assembly is supported on each of the five
side panels, all at the same height and between about 40 and
about 60 inches above the floor. The width of each side panel
is only slightly greater than the width of the medical gas
supply assembly mounted thereon. According the first two of
the examiner’s rejections, both Russo and Schwartz disclose the
basic structure recited in claim 14, except for the five-sided
assembly with gas service outlets on all five sides, the gas
outlets being at equal distances and at a particular height,
and the specified width of the panels. It is the examiner’s
position, however, that it would have been obvious to one of
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