Appeal No. 97-2243
Application 08/222,584
The appealed claims stand rejected under 35 U.S.C. § 103 as
follows:
a) claim 7 as being unpatentable over Trower in view of
Jaschek; and
b) claims 1 through 4 as being unpatentable over Trower in
view of Jaschek, and further in view of the German reference.
Reference is made to the appellant’s brief (Paper No. 10)
and to the examiner’s answer (Paper No. 12) for the respective
positions of the appellant and the examiner with regard to the
merits of these rejections.
Trower discloses an above-ground swimming pool composed of
an inner water-tight liner 10, an intermediate layer 14 and an
outer support wall 12. The liner 10 is a flexible sheet of
polyvinylchloride or polythene, the intermediate layer is a heavy
duty, semi-rigid sheet of synthetic plastic, and the outer
support wall is a woven, semi-rigid, self-supporting sheet of
wire or small diameter rod. A coping in the form of a split-tube
hand rail covers the upper peripheral edge of the pool.
As implicitly conceded by the examiner, Trower does not
teach and would not have suggested a swimming pool comprising a
wall formed of a plastic material having laminated thereto
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