Ex Parte CLARK - Page 10




              Appeal No. 2002-2254                                                                 Page 10                 
              Application No. 09/456,046                                                                                   


              permanently fastened around a perimeter of  the base mat to form a grease                                    
              accumulation area in a center of the apparatus                                                               


                     For the reasons set forth above, the decision of the examiner to reject claim 6                       
              under 35 U.S.C. § 103 is reversed.                                                                           


              The obviousness rejection of claims 5 and 7                                                                  
                     We will not sustain the rejection of claims 5 and 7 under 35 U.S.C. § 103.                            


                     As to claim 7, we have reviewed the reference to Clark additionally applied in the                    
              rejection of claim 7 (dependent on claim 6) but find nothing therein which makes up for                      
              the deficiency of Sandaj discussed above regarding claim 6.  Accordingly, the decision                       
              of the examiner to reject claim 7 under 35 U.S.C. § 103 is reversed.                                         


                     As to claim 5, the appellant argues (brief, p. 6) that the claimed aperture formed                    
              in a recess formed in the center of the left grease barrier to allow the apparatus to be                     
              hung from a nail or hook on a wall is not suggested from the teachings of Sandaj and                         
              Clark.  We agree.  In that regard, while Clark teaches a portable shower and bath mat                        
              having a large hole 14 enabling the mat to be hung from a standard shower head for                           
              storage, we fail to find therein any motivation or suggestion to have provided the mat of                    








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