Ex parte SMITH - Page 9




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


              examiner’s conclusion that it would have been obvious to one of ordinary skill in the art to               
              provide for a portion of the Smith receptor or funnel 20 to be absent in the manner of                     
              Coffman’s recess 130 to accommodate a user.  Instead, the appellant contends that the                      
              provision of such a recess or depression in the Smith funnel would not meet the limitations                
              in these claims (see page 7 in the brief).  This position is not well taken.  Suffice it to say            
              that the provision of a recess or depression in Smith’s receptor means or funnel 20 would                  
              result in the funnel wall being absent as recited in claim 18, the discharge outlet of the                 
              funnel being remote from the absent wall as recited in claim 19, and the wall of the funnel                
              being substantially U-shaped in plan view as recited in claim 20.                                          
                     In light of the foregoing, the decision of the examiner to reject claims 9 through 20 is            
              affirmed with respect to claims 9 through 11 and 13 through 20 and reversed with respect                   
              to claim 12.                                                                                               
















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