Ex Parte Capoccia - Page 4




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


          a paint roller is formed with an annular applicator with a single           
          annular core attached to a paint roller handle, with the                    
          applicator having a central valley forming two spaced apart first           
          and second applicator heads, each head capable of accessing a               
          roller paint pan provided with a central divider wall so that               
          different paints can be simultaneously applied to a surface                 
          (Answer, pages 3-4).  The examiner recognizes that Wakat fails to           
          specifically teach the height of the pan divider wall (Answer,              
          page 5).  However, the examiner finds that Wakat teaches that the           
          pan is to be designed dependent on the design of the roller                 
          apparatus so that the rollers are capable of dipping into the               
          paint reservoir simultaneously (id.).  Therefore, based on these            
          findings, the examiner concludes that it would have been obvious            
          to one of ordinary skill in this art to have provided pan                   
          measurements such that each roller head could be dipped into the            
          paint reservoir simultaneously as required by Wakat (id.).  We              
          agree.                                                                      
               Appellant’s principle argument is that Wakat does not teach            
          a single core, but rather two separate cores upon which roller              
          covers are mounted, in order that “each roller rolls separately             
          from an adjacent roller.”  Brief, page 11.  Appellant submits               



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