Appeal No. 95-4673
Application 08/097,759
Unlike the examiner, we see nothing in the combined
teachings of Hayes and Kesterson which would have led one of
ordinary skill in the art to replace the bail receiving
arrangement at the ends of each of the support arms of the
support member (12) of Hayes with notches like those seen in
the design patent to Kesterson. In this regard, we also share
appellant's view that neither Hayes nor Kesterson teaches or
suggests opposed notches in support arms of a paint can holder
which are (1) sized to receive the can handle attaching
members protruding from opposite sides of the paint can and
(2) positioned on the support arms to permit the paint can to
pivot about the attaching members when the attaching members
are received in said opposed notches, as is required in
appellant's independent claim 10 on appeal.
Our review of the Haney patent applied by the examiner
against dependent claims 14 through 16 does nothing to change
our view regarding the basic combination of references to
Hayes and Kesterson. That is, there is nothing in Haney which
supplies the above-noted deficiencies of the examiner's basic
combination of references.
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