Ex parte SMITH - Page 6




              Appeal No. 97-3983                                                                                         
              Application 08/506,851                                                                                     


              not anticipated by Smith is not persuasive.  Therefore, we shall sustain the standing 35                   
              U.S.C.  § 102(b) rejection of these claims.                                                                
                     As for the standing 35 U.S.C. § 103 rejection of claims 9 through 12 and 14 through                 
              20, Coffman discloses a portable cart-like shampoo device for patients confined to a bed                   
              or chair.  The device includes a cabinet or housing 12, a pair of water supply tanks 36, a                 
              main shampoo bowl 66, pumps for supplying water from the supply tanks to the main bowl                     
              via faucets 56 and 58 and/or a spray head 64, a drainage water storing tank 50, a drain                    
              pipe 72 connecting the main bowl to the drainage tank, and an ancillary bowl 126                           
              particularly designed for bed-ridden patients.  As shown in Figure 5, the ancillary bowl,                  
              which is connectible to the main bowl via a drain tube 140, is semi-circular in outline and                
              has a neck-receiving recess 130 formed in its sidewall 132.                                                

                     According to the examiner, it would have been obvious to one of ordinary skill in the               
              art at the time the invention was made “to provide Smith with a waste collection tank such                 
              as taught by Coffman et al at 50" (answer, page 3).  The examiner also considers that “to                  
              provide for a portion of the [Smith] receptor [funnel 20] to be absent as set forth at 130 of              
              Coffman et al would have been obvious in order to accommodate the user” (answer, page                      
              3).                                                                                                        


                     The appellant’s argument with respect to the obviousness rejection of independent                   


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