Ex parte UTTER et al. - Page 3




                 Appeal No. 2002-0263                                                                                                                   
                 Application No. 09/377533                                                                                                              


                 (Paper No. 11), while the complete statement of appellants'                                                                            
                 argument can be found in the brief (Paper No. 10).                                                                                     




                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                                                                                  1                     2                                               
                 considered appellants' specification  and claims,  the applied                                                                         
                 teachings,  and the respective viewpoints of appellants and3                                                                                                                    


                          1In the specification, page 2, line 20, page 3, line 6,                                                                       
                 page 4, line 16, page 5, line 1, page 6, line 26, page 7, line                                                                         
                 10, and ABSTRACT, lines 7 and 21, the term "defuser" should                                                                            
                 apparently be --diffuser--.  In the specification, page 3,                                                                             
                 line 25, and page 6, lines 6 and 18, the term "plunder" should                                                                         
                 obviously be --plunger--.  These informalities are deserving                                                                           
                 of correction.                                                                                                                         
                          2In claim 15, line 5, "defuser" should apparently be --                                                                       
                 diffuser--.  This informality should be remedied during any                                                                            
                 further prosecution before the examiner.                                                                                               
                          3In our evaluation of the applied prior art, we have                                                                          
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                                                                                                            (continued...)                              
                                                                           3                                                                            





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