Appeal No. 2004-1746
Application No. 09/902,403
be used in determining the patentability of a claimed invention);
see also In re Davis, 305 F.2d 501, 503, 134 USPQ 256, 258 (CCPA
1962).
Smith, like the appellant, teaches (page 35) that:
A plastic or metal grid, also called a screen, can help
ensure that your [paint-applying] roller is evenly
loaded. The grids can be used in trays...
Smith goes on to illustrate pictures depicting a 9-inch paint-
applying roller for walls and ceilings and a rectangular paint
tray for loading paint on a roller having a paint supply storage
well and a grid placed on “top of and in contact with” its
inclined paint-receiving surface. See page 34. Mulcahy, like
Smith, teaches using a grill (wire in grill form or perforated
sheet) on “top of and in contact with” an inclined interior
surface of a container adapted for use with the roller type of
applicator so as to provide “a rough surface which will cause the
roller to roll when applied thereto.” In other words, Mulcahy,
like the appellant, teaches that the grill prevents the roller
from sliding, which according to the appellant obviates “any
squeegee phenomenon” and promotes even distribution of paint
about the roller surface as indicated supra. Thus, we concur
with the examiner that it would have been prima facie obvious to
evenly load or coat a paint-applying roller with paint in the
conventional manner taught by Drum and/or acknowledged by the
appellant at pages 2 and 3 of the specification using a
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