Appeal No. 2006-1798
Application No. 09/966,413
resistance. The examiner further asserts (answer, page 8) that
Figure 9 of Pappas shows a candle body (80) having a wick
support/sustainer (82) at the base of the candle that is
not shown attached to any pedestal. Pappas makes clear how
this wick support/sustainer (82) is mounted.The sustainer 82
is mounted at the candle floor, which for the candle 80 is the
surface upon which the bottom of the wax fuel of the candle
80 is resting. This surface can be an attached plate, a
container floor, a tray or any horizontal surface. (emphasis
added). (see Pappas, col. 5, lines 11-15). Thus, the attached
plate serves the desirable purpose of supporting the candle
body and serving as a mounting for the wick support. The
examiner considers that a person of ordinary skill in the art
would consider the attached plate mentioned in the above
quote to be the type of plate (114) shown in Figure 13 of
Pappas.
We agree the assertion of appellant (brief, page 8) that
A skilled person who wanted to use a taller wick support instead
of a pedestal would not modify the Fig. 13 structure to do so. That
person would do what the Pappas reference itself shows for a
freestanding candle. That person would do what is shown in Figs. 9
and 10 of the Pappas reference. No plate would be used if the tall
wick support were used because a plate would not be needed.
From appellant's assertion, we look to the disclosure of Pappas for the
description of figures 9 and 10. We find from the disclosure of Pappas that the
freestanding candle of figure 9 has a sustainer (wick holder) 82 mounted at the
candle floor, which for candle 80 is the surface upon which the bottom of the wax
8
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