Appeal No. 1999-2148 Page 2
Application No. 08/864,947
BACKGROUND
The appellants' invention relates to a method of
manufacturing a rubber body of a bag shape to be used as a
weir main body which is subsequently placed on a river-bed in
a widthwise direction of the river and rises by being filled
with a fluid to form a weir. A copy of the claims under
appeal is set forth in the appendix to the appellants' brief.
The prior art of record relied upon by the examiner in
rejecting the appealed claims is:
Galloway 3,053,724 Sep. 11,
1962
Nagahama et al. 5,305,565 Apr. 26,
1994
(Nagahama)
In addition, the examiner also relied upon the appellants'
admission of prior art (specification, page 1, fourth
paragraph; Figure 8) relating to a rubber weir main body
(Admitted Prior Art).
Claims 2, 4 and 5 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the Admitted Prior Art in view of
Galloway and Nagahama.
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