Ex Parte Saranditis - Page 5

                   Appeal 2006-2171                                                                                                 
                   Application 10/840,715                                                                                           

                           The rejection as presented by the Examiner is as follows:                                                
                       1. Claims 1-5, 8, 10-18, 25-26, 31 and 34-36 are rejected under                                              
                           35 U.S.C. § 103(a) as unpatentable over Herzhauser in view Price.                                        
                       Rather than reiterate the respective positions advocated by the Appellant                                    
                   and by the Examiner concerning this rejection, we refer to the Brief and the                                     
                   Reply Brief, and to the Answer respectively for a complete exposition                                            
                   thereof.                                                                                                         
                           Appellant separately argues claims 1, 10, 11, 13, 18, and 26.                                            
                   Accordingly we address Appellant’s arguments regarding those claims in                                           
                   our opinion below.                                                                                               

                                                           OPINION                                                                  
                   CLAIM 1                                                                                                          
                           The Examiner rejected claim 1 under § 103(a) over Herzhauser in                                          
                   view of Price. The Examiner found that Herzhauser does not disclose                                              
                   monitoring the rate of water collection in the holding tank (Answer 4).  The                                     
                   Examiner found that Price discloses monitoring the rate of water collection                                      
                   in a bilge (Answer 5).  The Examiner concluded it would have been prima                                          
                   facie obvious to one of ordinary skill in the art to “provide to the holding                                     
                   tank, pump and switch of Herzhauser a monitor, timer and alarm similar to                                        
                   those discussed in column 3, lines 17-36 of Price so that in Herzhauser the . .                                  
                   . rate of water collection in said holding tank can be monitored . . . to                                        
                   indicate to the boat owner when the packing [i.e., stuffing] box is leaking too                                  
                   much” (Answer 5-6).                                                                                              



                                                                 5                                                                  

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: September 9, 2013