Ex parte WALKER - Page 5




          Appeal No. 1999-1042                                       Page 5           
          Application No. 08/781,220                                                  


          or from the knowledge generally available to one of ordinary                
          skill in the art and not from the appellant's disclosure.  See,             
          for example, Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d                 
          1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488              
          U.S. 825 (1988).                                                            
               As manifested in independent claim 14, the appellant’s                 
          invention comprises a hollow column formed of at least five                 
          vertical planar side panels, all having the same width and each             
          being immediately adjacent two others of the side panels.  A                
          medical gas supply assembly is supported on each of the five                
          side panels, all at the same height and between about 40 and                
          about 60 inches above the floor.  The width of each side panel              
          is only slightly greater than the width of the medical gas                  
          supply assembly mounted thereon.  According the first two of                
          the examiner’s rejections, both Russo and Schwartz disclose the             
          basic structure recited in claim 14, except for the five-sided              
          assembly with gas service outlets on all five sides, the gas                
          outlets being at equal distances and at a particular height,                
          and the specified width of the panels.  It is the examiner’s                
          position, however, that it would have been obvious to one of                








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