Ex parte TIHON - Page 3




                 Appeal No. 2000-0651                                                                                                                   
                 Application No. 09/024,732                                                                                                             


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered                                                                                                                             
                 appellant’s specification and claims, the applied teachings,1                                                                          
                 and the respective viewpoints of appellant and the examiner.                                                                           
                 As a consequence of our review, we make the determination                                                                              
                 which follows.                                                                                                                         


                          We cannot sustain the examiner’s rejection of claims 9                                                                        
                 through 16.                                                                                                                            


                          Claim 9, the sole independent claim in the application,                                                                       
                 is drawn to a urethral drain apparatus comprising, inter alia,                                                                         

                          1In our evaluation of the applied prior art, we have                                                                          
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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