Ex Parte Capoccia - Page 3




          Appeal No. 2004-1142                                                        
          Application No. 09/892,001                                                  


               (c) placing a first paint source in said first paint                   
          reservoir and a second paint source in said second paint                    
          reservoir; and                                                              
               (d) simultaneously rolling first applicator head in said               
          first paint source and said second applicator head in said second           
          paint source,                                                               
               whereby said paint roller is capable of simultaneously                 
          creating two paint source finishes.                                         
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Wakat                          6,117,494          Sep. 12, 2000             
          Jackson et al. (Jackson)    6,330,731 B1          Dec. 18, 2001             
          (filed Oct. 2, 1998)                                                        
          Tolchiner             US 2001/0047560 A1          Dec. 06, 2001             
          (U.S. Patent Application Publication)      (filed Feb. 23, 2001)            
               Claims 11 and 19-20 stand rejected under 35 U.S.C. § 103(a)            
          as unpatentable over Wakat (Answer, page 3).  Claims 12 and 13              
          stand rejected under 35 U.S.C. § 103(a) as unpatentable over                
          Wakat in view of Tolchiner (Answer, page 5).  Claims 13-18 stand            
          rejected under 35 U.S.C. § 103(a) as unpatentable over Wakat in             
          view of Jackson (Answer, page 8).  We affirm all of the                     
          rejections on appeal essentially for the reasons stated in the              
          Answer and those reasons set forth below.                                   
          OPINION                                                                     
               A.  The Rejection over Wakat                                           
               The examiner finds that Wakat discloses a method and                   
          apparatus for applying multiple paint colors simultaneously where           

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