Ex parte DUESTERHOEFT et al. - Page 8




          Appeal No. 1997-3403                                                       
          Application No. 08/032,889                                                 


          will not be considered.  It is our function as a court to                  
          decide disputed issues, not to create them.”).                             
               Analysis                                                              
               At the outset, we note that Appellants [brief, page 3]                
          have elected to group the claims as follows.  Claims 1, 5, 9,              
          14 and 15 form the first group; claims 2, 6 and 10 form the                
          second group and 3, 4, 7, 8, 11 and 12 form the third group.               
               The rejection                                                         
               All the claims, 1 to 15, are rejected under 35 U.S.C.                
          103 over Smith and Rodrigues.  We consider the various                     
          groupings below.                                                           
               Claims 1, 5, 9, 14 and 15                                             
               We take up claim 1 as a representative of this group.                 
          The Examiner identifies the differences between Smith and the              
          claimed invention and then employs Rodrigues to meet these                 
          differences.  Thus, the Examiner asserts [answer, page 4] that             
          “it would have been obvious ...  to modify the grommet of                  
          Smith by adopting the teachings of Rodrigues et al. (‘079) to              
          minimize the water passage through the basic claimed grommet               
          and to facilitate the installation of the basic claimed                    
          grommet to an enclosure with a plurality of the openings.”                 
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