Ex parte JOHNSON et al. - Page 4




                 Appeal No. 2000-1415                                                                                                                   
                 Application 09/197,947                                                                                                                 


                          We cannot sustain the rejection of appellants’ claims                                                                         
                 under 35 35 U.S.C. § § 103.                                                                                                            


                          In applying the test for obviousness,   we reach the              3                                                           
                 conclusion, as did the examiner, that it would have been                                                                               
                 obvious to one having ordinary skill in the art, from a                                                                                
                 combined consideration of the Pickard, Gaddy, and Izzi, Sr.                                                                            
                 disclosures, to modify the closet ring 30 and seal means 56 of                                                                         
                 Gaddy, as proposed by the examiner.  As we see it, the                                                                                 
                 threaded conical spiggot section 24 and annular expansion                                                                              
                 sealing sleeve 36 of Gaddy would have been readily appreciated                                                                         
                 by one having ordinary skill as an alternative in the art to                                                                           
                 the second annular portion 54 and seal means 56 of Pickard.                                                                            
                 Additionally, it is clear to us, as it apparently was to the                                                                           
                 examiner, that one having ordinary skill would have viewed the                                                                         
                 gasket construction 30 of Izzi, Sr., with its central sealing                                                                          
                 ring 31 engaging a sloped surface 33 of the flange unit 20, as                                                                         

                          3The test for obviousness is what the combined teachings                                                                      
                 of references would have suggested to one of ordinary skill in                                                                         
                 the art. See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,                                                                           
                 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208                                                                         
                 USPQ 871, 881 (CCPA 1981).                                                                                                             

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