Appeal No. 97-1952
Application 08/289,068
No. 16, filed June 21, 1996) and reply brief (Paper No. 19,
filed December 10, 1996) for appellant's arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellant's specification and claims,
to the applied prior art references, and to the respective
positions
articulated by appellant and the examiner. As a consequence
of our review, we have made the determinations which follow.
Turning first to the examiner's rejection of claims 1, 2,
5, 6, 10, 11 and 13 under 35 U.S.C. § 102(b) as being
anticipated by McMurtrie, we note that McMurtrie discloses a
bathing unit which includes a modular frame construction (as
generally set forth in independent claims 1 and 5 on appeal)
for housing and/or suppor-ting components, such as plumbing
fixtures, heating and cooling units, and cabinets in a
5
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