Ex Parte CLARK - Page 5




              Appeal No. 2002-2254                                                                  Page 5                 
              Application No. 09/456,046                                                                                   


              mat and a retaining wall, provides a means of effectively catching and retaining such                        
              drips. As shown in the embodiment depicted in Figures 1-5, the mat 5 has an overall                          
              rectangular shape.  The weight of a barbecue grill rests on the mat and assists in fixing                    
              the mat in place. The mat includes a retaining wall 15 which allows the mat to act as a                      
              container for fluids which drip or fall onto the surface.  The retaining wall of the mat                     
              15 can be angled, curved (see Figures 3 and 4) or vertically disposed to the horizontal                      
              surface of the mat.  The mat has a generally flat bottom provided with projections from                      
              the receiving surface 20, such as a grid of pyramids 25 (see Figure 2).  The height of                       
              the retaining wall can be higher or lower than the height of the pyramids.  In the                           
              preferred embodiment shown in Figure 1 the height of the walls and the pyramids is                           
              uniform while in the alternative embodiment of Figures 6-7 the height of the wall 45 is                      
              greater than the folds 40.  Sandaj teaches (column 2, lines 40-44) that                                      
                     [t]he location of the retainer walls is important only insofar as they should create                  
                     a container or collector for holding the spilled or dripping greasy liquids or oils.                  
                     The shape of the perimeter of the mat may be any desired shape, but a                                 
                     preferred embodiment is rectangular in over all design.                                               


                     The appellant argues (brief, p. 4) that a primary tenet in determining whether a                      
              reference anticipates under 35 U.S.C. § 102(a) is that "only the CLAIMED designs are                         
              to be compared."  The appellant then asserts that the following features are not taught                      
              by Sandaj: (1) a front drip edge, a rear drip edge, a left grease barrier, and a right                       
              grease barrier forming an open upper volume where grease drippings and splatter may                          







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

Last modified: November 3, 2007