Appeal No. 2004-0331
Application No. 09/432,313
having corresponding openings that are elongated front to back. It
is also clear from a consideration of Figure 4 and 6 of Rose that
the pan configuration is such that its front surface extends
forward relative to the bottom of the pan, whereby the midpoint of
the bottom of the pan is offset rearwardly relative to the midpoint
of the length dimension of the opening of the pan.
Haskins shows that it was conventional in the bed pan art at
the time of appellant’s invention to provide a pan comprising an
upper rim 40 and four planar sides depending therefrom. As we see
it, Haskins is at least suggestive of a bed pan or commode pan of
generally rectangular shape.
In applying the test for obviousness,4 we conclude that the
collective teachings of AAPA, Rose and Haskins clearly reveals
knowledge in the art that would have been suggestive to the
ordinarily skilled artisan of a pan for use with a commode
configured to have an elongated, generally rectangular opening, and
a cooperating seat having a corresponding elongated opening, as set
forth in appellant’s claim 1. Further, in keeping with the
teachings of Rose, it would have been obvious to the ordinarily
4The test for obviousness is what the combined teachings of
the references would have suggested to one of ordinary skill in
the art. See In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881
(CCPA 1981).
6
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