Ex parte MELCHER - Page 14




                 Appeal No. 97-0695                                                                                                                     
                 Application No. 08/273,466                                                                                                             


                 the end of the stick when the stick is being used in the                                                                               
                 treatment of the body.5                                                                                                                


                          In applying the above noted test for obviousness, we                                                                          
                 reach the conclusion that it would have been obvious to one of                                                                         
                 ordinary skill in the art at the time of the appellants'                                                                               
                 invention to fabricate a plurality of Janssen's generally                                                                              
                 rectangular (i.e., right, regular parallelopiped) head                                                                                 
                 mounting sections 20 from wood as suggested by Janssen and to                                                                          
                 then form the serrations thereon by barbing the wood as                                                                                
                 suggested and taught by Ager.  Additionally, we agree with the                                                                         
                 examiner's determinations that (1) Janssen's head mounting                                                                             
                 section 20 is formed from an autoclavable material since both                                                                          
                 wood and plastic as taught by Janssen are well suited to                                                                               
                 undergo treatment in an autoclave, and (2) the recited                                                                                 
                 dimensional limitations are matters of design choice lacking                                                                           
                 any criticality since they solve no stated problem especially                                                                          
                 since the appellants have not contested otherwise.                                                                                     




                          5See column 1, lines 8-15, of Ager.                                                                                           
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