Appeal No. 95-5000 Page 4
Application No. 08/021,883
respective positions articulated by the appellant and the
examiner. Upon evaluation of all the evidence before us, it
is our conclusion that the evidence adduced by the examiner is
sufficient to establish a case of obviousness with respect to
all the claims under appeal. Accordingly, we will sustain the
examiner's rejection of claims 1 to 5, 8, 9, 27 to 31, 34 and
38 to 43 under 35 U.S.C. § 103. Our reasoning for this
determination follows.
In accordance with the appellant's "GROUPING OF CLAIMS"
(brief, p. 6), we need only review independent claims 1 and 27
to decide the appeal on the rejection under 35 U.S.C. § 103.
Dependent claims 2 to 5, 8, 9, 28 to 31, 34 and 38 to 43 will
stand or fall with their respective independent claim.
As a preliminary matter, we base our understanding of the
phrase "a lake-like body of water" as recited in claims 1 and
27 to mean "a pond, lagoon, tank or other basin of water" for
consistency with the appellant's original disclosure
(specification, pp. 1 and 7) since the term "lake" or "lake-
like" does not appear in the original disclosure.
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