Ex Parte Hocke et al - Page 2



          Appeal No. 2005-0919                                                        
          Application No. 10/224,258                                                  

          appealed subject matter is adequately represented by independent            
          claim 1 which reads as follows:                                             
               1.  In a sewage treatment aeration tank, the                           
               improvement comprising including one or more plastic panels            
               having, [sic] open and/or closed cavities therein.                     
               The reference set forth below is relied upon as evidence of            
          anticipation:                                                               
          Kuriyama et al. (Kuriyama)     4,165,281            Aug. 21, 1979           
               All of the claims on appeal are rejected under 35 U.S.C.               
          § 102(b) as being anticipated by Kuriyama.1                                 
               For a complete discussion of the viewpoints expressed by the           
          appellants and by the examiner concerning this rejection, we                
          refer to the brief and to the answer (as well as the final Office           
          action mailed July 25, 2003 referred to on page 3 of the answer).           
                                      OPINION                                         
               We will sustain the Section 102 rejection advanced on this             
          appeal for the reasons expressed by the examiner and below.                 
               Kuriyama discloses a non-woven mat (a.k.a. supporting media)           

          1                                                                           
          1On page 3 of the brief, the appellants indicate that the                   
          appealed claims will stand or fall together.  Accordingly, we               
          will focus on representative independent claim 1 in assessing the           
          merits of the rejection before us.  The other claims on appeal              
          will stand or fall with representative claim 1.                             
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