Appeal No. 2003-0144 Page 8
Application No. 09/400,932
obvious to one having ordinary skill in the art at the time the invention was made to
have incorporated Henderson's teaching of a linkage (i.e., Henderson's adjustable arms
10 and 11) to the device of Metzger to allow for hands free positioning of the discharge
hose.
The appellant argues throughout both briefs that the applied prior art does not
suggest the claimed subject matter. We agree.
All the claims under appeal require the steps of (1) supporting the output end of
a discharge hose by a pumping adapter having at least two collars and a linkage
removably secured to the at least two collars for enabling said hose to move through a
range of angles; and (2) forming a bend in the discharge hose by applying a force
having at least a normal component to at least one of the collars such that the bend
aids in imparting a controlled substantially splatter free delivery, wherein the force is
applied by the linkage. However, it is our opinion that these limitations are not
suggested by the combined teachings of Metzger and Henderson. In that regard, while
Henderson does teach an apparatus similar in structure to the appellant's pumping
adapter, Henderson does not teach or suggest using that apparatus in the method set
forth in claim 20. The mere fact that the prior art could be modified in the manner
suggested by the examiner does not make such a modification obvious unless the prior
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