Ex Parte Hirtriter - Page 5



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

                        The examiner has not asserted, nor do we find that either Bennett or                           
                 Dunnett teach a single mounting unit having at least two different mounting                           
                 configurations corresponding to the at least two different overflow plate mounting                    
                 configurations.  Accordingly, we will not sustain the examiner’s rejection of claims                  
                 12, 13, 16, 17, 19 and 20 under 35 U.S.C. § 103.                                                      
                        In summary, we do not sustain the examiner’s rejection of claims 1, 12, 13                     
                 and 16 through 20.  The decision of the examiner is reversed.                                         
                                                        REVERSED                                                       





                               TERRY J. OWENS       )                                                                  
                               Administrative Patent Judge  )                                                          
                                                                         )                                             
                                                                         )                                             
                                                                         )   BOARD OF PATENT                           
                               JENNIFER D. BAHR           )     APPEALS AND                                            
                               Administrative Patent Judge    )    INTERFERENCES                                       
                                                                         )                                             
                                                                         )                                             
                                                                         )                                             
                               ROBERT E. NAPPI             )                                                           
                               Administrative Patent Judge    )                                                        











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