Ex parte YUMOTO - Page 2




          Appeal No. 97-1242                                                          
          Application 08/226,521                                                      




                                 DECISION ON APPEAL                                   
                    This is an appeal from the final rejection of claims 1            
          through 5, all of the claims in the application.  In the answer             
          (page 1), the examiner now indicates that dependent claim 5 is              
          allowable.  Accordingly, we have before us for review the                   
          rejection of claims 1 through 4.                                            
                    Appellant’s invention pertains to a thermally-actuated            
          steam trap.  An understanding of the invention can be derived               
          from a reading of exemplary claim 1, a copy of which appears in             
          the APPENDIX to appellant’s main brief (Paper No. 17).                      
                    As evidence of obviousness, the examiner has applied              
          the documents listed below:                                                 
          Stalker                         1,572,970        Feb. 16, 1926              
          Clayton et al. (Clayton)        4,295,605        Oct. 20, 1981              
          Yumoto                          5,197,669        Mar. 30, 1993              
          A reference already of record in the application and applied by             
          this panel of the board in a new ground of rejection, infra, is:            
          Jones                           2,289,020        Jul.  7, 1942              


                    The following rejections are before us.                           
                    Claim 1 stands rejected under 35 U.S.C. § 103 as being            
          unpatentable over Yumoto in view of Stalker.                                
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