Appeal No. 2001-1886 Page 3
Application No. 09/166,713
principles of inherency, each and every element of the claimed invention. See, for
example, In re Paulsen, 30 F.3d 1475, 1480-1481, 31 USPQ2d 1671, 1675 (Fed. Cir.
1994) and In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990).
Ellis discloses an apparatus for maintaining predetermined concentrations of
chemical treating agents in liquid handling systems such as water boilers and the like
(column 1, lines 8-11). The patent explains that “[i]n most of these systems, fresh water
must be added continuously to replace water which is lost through evaporation,
transportation out of the system on articles being treated, etc. and since fresh water must
be added to the system, fresh water treating agent must be added to maintain the
predetermined concentration” (column 1, lines 18-23). In furtherance of this objective, Ellis
discloses an apparatus comprising a tank, a reservoir in the tank for containing a volume
of treating agent and a supply of water with which it is mixed, and a mechanism for sensing
a lowered level of water in the tank and operating a valve to replenish the water in the tank
and to bleed a portion of that water into the reservoir, which causes some of the mixture of
water and treating agent to be dispensed from the reservoir into the tank.
Claim 22 is directed, inter alia, to the combination of a toilet, an apparatus for
flushing water from a water storage tank to a toilet and automatically supplying detergent to
the water storage tank, and a supply of solid detergent (lines 1-3). None of these elements
are disclosed or taught by Ellis. Notwithstanding the fact that the Ellis apparatus has some
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