Ex Parte BATTISTON - Page 5




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


          the rim.  The pan further includes sides extending downwardly from          
          the rim to form a bottom portion, with the bottom portion being             
          displaced rearwardly with respect to the midpoint of the length             
          dimension.                                                                  
               As aptly recognized by the examiner (Answer, pages 4-5), AAPA          
          (as described in the “Background” section of appellant’s                    
          specification) reveals knowledge in the art at the time of                  
          appellant’s invention of a commode seat having an opening of                
          generally circular shape, and a pan that is also circular in                
          configuration to fit underneath and coincide with the opening in            
          the commode seat.  AAPA also reveals that it was known at the time          
          of appellant’s invention to provide a commode seat having an                
          elongated opening where the minor axis width of the elongated               
          opening is about the same dimension as a prior circular opening and         
          the major axis length of the elongated opening is longer than a             
          prior circular opening.                                                     
               Rose reveals that it was known in the art at the time of               
          appellant’s invention to provide a commode chair comprising a rim           
          34 defining an elongated opening 32 where the length is longer than         
          the width, and a pan 36 configured to fit underneath the seat               
          having an elongated opening to coincide with the elongated opening          
          in the seat.  Thus, Rose teaches a commode seat and pan combination         

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