Ex Parte BATTISTON - Page 4




          Appeal No. 2004-0331                                                        
          Application No. 09/432,313                                                  


                                   Discussion                                         
               In reaching our conclusion on the obviousness issue raised in          
          this appeal, this panel of the Board has carefully considered               
          appellant’s specification and claim 1, the teachings of the applied         
          prior art,3 and the viewpoints of appellant and the examiner.  As a         
          consequence of our review, we make the determination which follows.         
               We sustain the rejection of claim 1 under 35 U.S.C. § 103(a)           
          as being unpatentable over AAPA, Rose and Haskins.  It follows that         
          the rejection of claims 2-4, 12-14 and 18 is likewise sustained             
          since these claims stand or fall with claim 1 as earlier indicated.         
               Appellant’s claim 1 is directed to a pan having an upper               
          generally rectangular rim having a front and a rear and an opening          
          therethrough, the rim having a length and a width with the length           
          being larger than the width and extending from the front to the             
          rear, and a seat arranged on the top of the rim and having an               
          elongated opening which substantially corresponds to the opening in         


               3In our evaluation of the applied prior art, we have                   
          considered the entirety of each prior art disclosure 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 applied prior art disclosures.  See In re Preda, 401               
          F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                               
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