Appeal No. 2001-1886 Page 2
Application No. 09/166,713
BACKGROUND
The appellant's invention relates to a toilet with an apparatus for flushing water from
a storage tank. The claim on appeal has been reproduced in the appendix to the
appellant's Brief.
The prior art reference of record relied upon by the examiner in rejecting the
appealed claim is:
Ellis 3,187,947 June 8, 1965
Claim 22 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Ellis.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejection, we make reference to the Answer (Paper
No. 26) for the examiner's complete reasoning in support of the rejection, and to the Brief
(Paper No. 25) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence of
our review, we make the determinations which follow.
It is the examiner’s opinion that claim 22 is anticipated by Ellis. Anticipation is
established only when a single prior art reference discloses, either expressly or under the
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