Ex parte STEVENS - Page 2




                   Appeal No. 2001-0339                                                                                               Page 2                        
                   Application No. 09/250,583                                                                                                                       


                                                                      BACKGROUND                                                                                    
                   The appellant's invention relates to a device for enhancing bathroom safety and to a                                                             
                   method for doing so.  An understanding of the invention can be derived from a reading of                                                         
                   exemplary claim 1, which appears in the appendix to the appellant's Brief.                                                                       
                   The prior art references of record relied upon by the examiner in rejecting the appealed                                                         
                   claims are:                                                                                                                                      
                   Pugh                                                      921,734                               May 18, 1909                                     
                   Boschelli                                                 1,618,165                             Feb. 22, 1927                                    
                   Edmands                                                   1,865,459                             Jul.     5, 1932                                 
                   Shiner                                                    2,217,821                             Oct.    5, 1940                                  
                   Claims 1, 7, 8, 14-16 and 19 stand rejected under 35 U.S.C. § 103 as being                                                                       
                   unpatentable over Boschelli in view of Pugh.                                                                                                     
                   Claim 17 stands rejected under 35 U.S.C. § 103 as being unpatentable over Boschelli                                                              
                   in view of Pugh, Shiner and Edmands.1                                                                                                            
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and the                                                                
                   appellant regarding the above-noted rejections, we make reference to the Answer (Paper                                                           
                   No. 10) for the examiner's complete reasoning in support of the rejections, and to the Brief                                                     
                   (Paper No. 9) for the appellant's arguments thereagainst.                                                                                        




                            1A rejection of claim 19 under 35 U.S.C. § 102(b) was overcome by an amendment                                                          
                   filed after the final rejection.                                                                                                                 







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