Appeal 2006-2827
Application 09/883,893
THE REJECTIONS
The Examiner relies upon the following as evidence in support of the
rejections:
Cole US 3,089,586 May 14, 1963
Yates US 3,095,087 Jun. 25, 1963
Wilson US 5,669,085 Sep. 23, 1997
The following rejections are before us for review.
1. Claims 40-45 and 54 are rejected under 35 U.S.C. § 103(a) as unpatentable
over Yates in view of Wilson.
2. Claims 40, 44, and 46-47 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Cole in view of Wilson.
ISSUE
The issue before us is whether Appellant has shown that the Examiner erred
in rejecting the following claims under 35 U.S.C. 103(a): (1) claims 40-45 and 54
as unpatentable over Yates in view of Wilson; and (2) claims 40, 44, and 46-47 as
unpatentable over Cole in view of Wilson. The dispositive issue is whether Wilson
teaches the placement in the shower of a combination tissue dispenser/disposal,
such as those taught by Yates or Cole.
Rather than repeat the arguments of Appellant and the Examiner, we make
reference to the Briefs and the Answer for their respective details. Only those
arguments actually made by Appellant have been considered in this decision.
Arguments which Appellant could have made but chose not to make in the Briefs
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