Ex parte WALKER - Page 4

          Appeal No. 1999-1042                                       Page 4           
          Application No. 08/781,220                                                  

          multiple outlets for medical gases at a convenient height.  In              
          the embodiment of Figures 6 through 9, to which the claims in               
          the present application are directed, five vertical planar side             
          panels are provided on the column, with each being of a width               
          only slightly greater than the width of a conventional medical              
          gas service outlet.  This results in each assembly being                    
          mounted at an acute angle to the others, thus providing a large             
          number of assemblies that can be used simultaneously.                       
                        The Rejections Under 35 U.S.C.  103                         
               The test for obviousness is what the combined teachings of             
          the prior art would have suggested to one of ordinary skill in              
          the art.  See, for example, In re Keller, 642 F.2d 413, 425,                
          208 USPQ 871, 881 (CCPA 1981).  In establishing a prima facie               
          case of obviousness, it is incumbent upon the examiner to                   
          provide a reason why one of ordinary skill in the art would                 
          have been led to modify a prior art reference or to combine                 
          reference teachings to arrive at the claimed invention.  See Ex             
          parte Clapp, 227 USPQ 972, 973 (Bd. Pat. App. & Int. 1985).  To             
          this end, the requisite motivation must stem from some                      
          teaching, suggestion or inference in the prior art as a whole               

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007