Ex parte LAAPOTTI - Page 11




              Appeal No. 1999-1398                                                               Page 11                 
              Application No. 08/559,496                                                                                 


              of the hose roll.  We agree with the appellant that neither Schmitt nor the other references               
              disclose or teach such structure, and we fail to perceive any suggestion which would have                  
              motivated one of ordinary skill in the art to alter the Schmitt system in such a fashion.  The             
              rejection of claim 49 and claims 50 and 51, which depend therefrom, is not sustained.                      
                     Claims 17-23, 34 and 35, all of which are dependent from claim 1, stand rejected                    
              as being unpatentable over the references applied against claim 1, taken further in view of                
              EO ‘477.  The appellant has not challenged the examiner’s position with regard to this                     
              rejection, and therefore we will sustain it.                                                               
                     Likewise, the appellant has not taken issue with the rejection of claims 25-29 on the               
              basis of the references applied against claim 1, taken further with Pajula, and we will                    
              sustain this rejection, also.                                                                              
                     Finally, the examiner has rejected claims 14 and 30-32 as being unpatentable over                   
              the references applied against claim 1, taken further with Laapotti.  Again, the appellant                 
              has chosen to allow the examiner’s conclusion to stand uncontroverted, and we shall                        
              sustain this rejection.                                                                                    
                                                      SUMMARY                                                            
                     The rejection of claims 1-16, 24, 33 and 39-48 as being unpatentable over Schmitt                   
              in view of Wicks, if necessary with DE ‘404 or G ‘340, also further in view of Dorfel or Ely               
              or Rempel, is sustained.                                                                                   









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