Ex parte SHAW et al. - Page 3




                 Appeal No. 1996-3525                                                                                     Page 3                        
                 Application No. 08/089,595                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a pushbutton                                                                             
                 assembly for control of plumbing fixtures in prisons and the                                                                           
                 like.  An understanding of the invention can be derived from a                                                                         
                 reading of exemplary claims 1  and 10, which appear in the2                                                                                  
                 appendix to the appellants' brief.                                                                                                     


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         

                 Morris et al. (Morris '374)     4,195,374                                                 April 1, 1980                                
                 Morris et al. (Morris '163)     4,480,163                                                 Oct. 30, 1984                                


                          Claim 2 stands rejected under 35 U.S.C. § 112, second                                                                         
                 paragraph, as being indefinite for failing to particularly                                                                             
                 point out and distinctly claim the subject matter which the                                                                            
                 appellants regard as the invention.                                                                                                    


                          Claims 1 through 3, 7, 10 and 11 stand rejected under                                                                         

                          2On page 4 of the answer, the examiner noted a minor                                                                          
                 error in the copy of claim 1 at line 8 where "elements" should                                                                         
                 be                                                                                                                                     
                 --element--.                                                                                                                           







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