Appeal No. 97-1952
Application 08/289,068
McMurtrie in view of Chiaramonte is sustained.
Regarding the examiner’s rejections of claims 15 through
24, 25, 34 and 38 under 35 U.S.C. § 103, we note that claims
15, 20
and 25, from which all the remaining claims are dependent, set
forth a bathtub in the tub region of the frame and specify
that the bathtub “comprises a plurality of said removable and
inter-changeable modular bathing equipment panels.” Like
appellant (brief, page 10 and reply brief, page 4), we note
that neither Leichle nor any of the other prior art references
relied upon by the examiner shows, discloses, or teaches a
bathtub which is comprised of “a plurality of said removable
and interchangeable modular bathing equipment panels.”
Accordingly, the examiner’s respective rejections of claims 15
through 24, 25, 34 and 38 under 35 U.S.C. § 103 will not be
sustained.
In summary: the decision of the examiner rejecting claims
1, 2, 5, 6, 10, 11 and 13 under 35 U.S.C. § 102(b) as being
anticipated by McMurtrie, has been affirmed as to claims 1, 2,
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