Ex parte PARISI et al. - Page 6




          Appeal No. 2000-0303                                       Page 6           
          Application No. 08/886,649                                                  


          has not determined that the claimed subject matter would have               
          been obvious under 35 U.S.C. § 103.                                         


               Pasman teaches a strainer 24 having an upstanding                      
          corrugated outer peripheral wall 25 with perforations 28a                   
          located in the wall 25 at locations spaced from the wall of                 
          the supporting body 13.  Pasman also teaches that the strainer              
          24 may be made with a smooth circumferential wall instead of                
          the corrugated wall.  It is our opinion that Pasman would not               
          have suggested modifying Stretch's strainer to include an                   
          upstanding smooth uncorrugated outer peripheral wall with a                 
          plurality of slots in the outer peripheral wall for draining                
          water.  While Pasman may have suggested modifying Stretch's                 
          Figure 4 strainer to include an upstanding smooth uncorrugated              
          outer peripheral wall, such a modification of Stretch merely                
          results in the strainer shown in Figure 3 of Stretch.  In our               
          view, Pasman's teaching that his strainer 24 may be made with               
          a smooth circumferential wall instead of the corrugated wall                
          would have also resulted in the omission of the perforations                
          28a in the modified strainer.                                               









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