Appeal No. 2003-0609
Application No. 09/497,844
inherently also have a rectangular shaped cross section
[when the rectangular shaped cross section through bore
configuration of Figure 47 is incorporated into the
Figures 31A-31B straw member].
. . . Stern discloses in column 16, lines 54-55,
that the sleeve is adapted to fit onto the elongated
body, therefore is [sic, if] a rectangular body is used
then the sleeve would also have a rectangular shape with
a reduced portion so as to be able to fit onto the body
to change the spray pattern.
In the alternative obviousness rejection under 35 U.S.C.
§ 103(a), the examiner maintains on page 4 of the answer that in
the event the disclosure of Stern regarding the rectangular shaped
cross section bore 874 is limited to Figures 46 and 47, it would
have been obvious to have made the elongated body 614 of Stern’s
Figure 31A-31B embodiment with a bore having a rectangular shaped
cross section as shown in Figure 47 in order to create a fan shaped
spray pattern. The examiner asserts that “since the through bore
has a rectangular shaped cross section and the restricted channel
is formed by a sleeve placed on the outside of the body, then the
restricted portion will inherently also have a rectangular shaped
cross section” (answer, page 4; emphasis added).
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