Ex parte MOORMAN - Page 8

          Appeal No. 95-3406                                                          
          Application 07/940,016                                                      

          discussion in the Stiso reference with respect to the sloping               
          sides of opening 58 are not well taken since it is clear that the           
          sloping sides of opening 54 provide the same structure and ridge            
          means disclosed by appellant.  Moreover, as we noted above,                 
          appellant’s disclosure as originally filed also fails to provide            
          any particular description of the "ridge means," but we have                
          applied the interpretation discussed above for an understanding             
          of appellant’s "ridge means" that is equally appropriate for the            
          sloping side walls of Stiso's opening 54.                                   
               We do, however, reach a different conclusion with respect to           
          the rejection of claim 7 under 35 U.S.C.  102(b) and of claim 8            
          under 35 U.S.C.  103.  First, with respect to the rejection of             
          claim 7 under  102(b), we observe that the bottom member 28 of             
          Stiso is provided with three openings 53 which allow the casing             
          to drain (page 10, lines 27-29 of Stiso).  Given the presence of            
          the drain openings 53, we find no structure, nor has the examiner           
          pointed to any in the Stiso reference, which is provided by the             
          means for engaging on the top and bottom members (edge lines 30             
          and 32 of Stiso) of the casing that would "form a reservoir for             
          reception of fluid" as required by appealed claim 7.  Thus,                 


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Last modified: November 3, 2007