Ex Parte Jerg et al - Page 13

            Appeal No. 2007-0358                                                                              
            Application 10/873,477                                                                            
                   To the extent that Applicants believe that the term “specific areas” specifies             
            some sort of “jet arrangement” not described in the prior art, we reject such a                   
            notion.  As we discussed above, the term “specific areas” broadly encompasses any                 
            number of areas without any limitation as to specific location.  The term therefore               
            reads on the “jet arrangement” disclosed in Figure 1 of DE ‘670.                                  
                   For these reasons, we affirm the examiner’s 35 U.S.C. § 102(b) rejection.                  


                   Claim 11 --  35 U.S.C. § 103(a)                                                            
                   Appealed claim 11 requires the “spraying device to provide a more intensive                
            spraying of a respective region in response to the sensing by said sensor [recited in             
            appealed claim 10] of a condition in the dishwasher indicating that items in the                  
            respective region have a soil condition requiring a more intensive spraying.”  As                 
            discussed, neither the claim nor the specification places any limitation on the                   
            “respective region.”  It is therefore appropriate to construe this term to encompass              
            any region within the dishwasher including the vicinity of the spray device outlet.               
                   DE ‘670 does not teach the use of an automated condition sensor to control                 
            the spraying intensity at a respective region of a spraying device as recited in                  
            appealed claim 11.  Nevertheless, DE ‘670 teaches that when the dishes are heavily                
            soiled, the spray intensity should be increased by reducing the number of active                  
            sprays.  (Translation at 3, lines 3-18.)                                                          

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