Ex Parte Hirtriter - Page 2



                 Appeal No. 2006-1172                                                                                  
                 Application No. 10/313,418                                                                            

                            Claim 1 is representative of the invention and is reproduced below:                        
                            1. A bath overflow alarm for mounting to the overflow drain of a                           
                        bathtub, the overflow drain having one of at least two different                               
                        configurations to mount an overflow plate, the alarm comprising:                               
                               a single mounting unit having at least two different mounting                           
                        configurations corresponding to the at least two different overflow plate                      
                        mounting configurations of the overflow drain and having an overflow                           
                        passage, and                                                                                   
                               an alarm unit including;                                                                
                                      a sensor for detecting the presence of water; and                                
                                      an alarm output coupled to said sensor and activated when                        
                               the presence of water is detected.                                                      
                                                     References                                                        
                        The references relied upon by the examiner are:                                                
                        Shrewsbury-Gee   5,661,462  Aug. 26, 1997                                                      
                        Bennett Jr. et al. (Bennett)  6,369,715  Apr.    9, 2002                                       
                        Dunnett    2002/0047784A1 Apr.  25, 2002                                                       

                                                 Rejection at Issue                                                    
                        Claims 1 and 18 stand rejected under 35 U.S.C. § 102 as being                                  
                 anticipated by Shrewsbury-Gee.  Claims 12, 13, 16 and 17 stand rejected under                         
                 35 U.S.C. § 103 as being unpatentable over Shrewsbury-Gee in view of Dunnett.                         
                 Claims 19 and 20 stand rejected under 35 U.S.C. § 103 as being unpatentable                           
                 over Shrewsbury-Gee in view of Bennett.                                                               
                                                          Opinion                                                      
                        We have carefully considered the subject matter on appeal, the rejections                      
                 advanced by the examiner and the evidence of anticipation and obviousness                             
                 relied upon by the examiner as support for the rejections.  We have, likewise,                        
                 reviewed and taken into consideration, in reaching our decision, appellant’s                          

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