Appeal No. 1996-3433
Application No. 08/198,955
continuous annular slot in the apparatus of the type described
in Bond.
Aghnides is no different from Michel. Although Aghnides
is broadly directed to fluid mixing devices, its disclosure
regarding slots 27 or apertures 37 is in the context of a
conventional water faucet. See Figures 1-5, in conjunction
with column 2, line 26, to column 3, line 18. Aghnides does
not describe its slots 27 as a single continuous annular slot.
Nor does Aghnides suggest the desirability of using its slots
27 in the apparatus of the type described in Bond.
On this record, we simply cannot find any motivation or
suggestion to employ the claimed single continuous annular
slot in the apparatus of the type described in Bond. Gordon,
733 F.2d at 902, 221 USPQ at 1127. To do so would destroy the
invention on which Bond is based. See Ex parte Hartmann, 186
USPQ 366, 367 (Bd. App. 1974)(prior art references cannot
properly be combined if effect would destroy invention on
which one of the prior art references is based).
For the above reasons, we conclude that the examiner has
not carried the burden of establishing a prima facie case of
obviousness of the invention recited in any of appellant’s
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