Appeal No. 2003-0666 Page 2
Application No. 08/891,351
BACKGROUND
The appellant's invention relates to a universal drain adaptor kit. An
understanding of the invention can be derived from a reading of exemplary claim 1,
which has been reproduced below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Wise 938,102 Oct. 26, 1909
Izzi, Sr. (Izzi) 4,423,526 Jan. 3, 1984
Alker 4,920,582 May, 1, 1990
The prior art admitted by the appellant as disclosed in the specification in the last
paragraph of page 7. (AAPA)
Claims 1 and 4 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Wise in view of AAPA.
Claims 1-4 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Wise in view of AAPA and Alker.
Claims 5-8 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Wise in view of AAPA and Izzi.
Claims 5-8 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Wise in view of AAPA, Alker and Izzi.1
1The rejection of claims 5-8 was stated as “the art as applied to claim 1 above, and further in view
of Alker.” Since two rejections of claim 1 preceded the rejection of claims 5-8, we assume that the
examiner intends that there also be two rejections of claims 5-8, and we have proceeded on this basis.
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