Appeal No. 2004-1746
Application No. 09/902,403
conventional rectangular paint tray having a paint supply storage
well and a metal grid or grill placed on “top of and in contact
with” its inclined paint-receiving surface.
Contrary to the appellant’s argument at page 5 of the Brief,
one of ordinary skill in the art, upon urging the roller in the
conventional manner relative to the metal grill or grid to load
paint from the abovementioned tray, would have reasonably
expected to release some paint from the roller into small
containing spaces formed by the open mesh of the metal grill or
grid contacting the inclined surface of the tray and transfer
some paint from the small containing spaces onto the roller. In
any event, it can be inferred from the above teachings of Smith
that urging the roller in an optimum number of alternating
movements relative to the metal grill or grid until paint is
evenly distributed to the roller is well within the ambit of one
of ordinary skill in the art.
Thus, after due consideration of all of the evidence and
arguments proffered by both the examiner and the appellant, we
determine that the preponderance of evidence weighs in favor of
obviousness. Accordingly, we affirm the examiner’s decision
rejecting claim 1 under 35 U.S.C. § 103.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
5
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