Ex parte UTTER et al. - Page 5




          Appeal No. 2002-0263                                                        
          Application No. 09/377533                                                   


          least all of the above features with the following exception:               
          a water diffuser attached to the flexible water tube in place               
          of the recited means for spraying.                                          


               The examiner concludes that the combined teachings of the              
          Goda, Weston, and Dempsey patents would have been suggestive                
          of the now claimed hand-held plant watering device used for                 
          watering difficult to reach plants.  We disagree.                           


               The basic teaching to be modified by the examiner is a                 
          liquid dispensing device characterized by the patentee Goda as              
          a burette, pipette or syringe used in scientific and                        
          industrial laboratories for dispensing known volumes of liquid              
          (column 1, lines 9 through 17).  As depicted (Figs. 1 and 2)                
          and disclosed (column 4, lines 13 through 26), a hypodermic                 
          needle for dispensing liquid is immersed in a reservoir of                  
          liquid to fill the device.  Goda is clearly not a device used               
          for watering difficult to reach plants.                                     


               To compensate for the deficiencies of the Goda teaching,               
          the examiner looks to the respective patents to Weston and                  
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