Ex parte MOLTER - Page 2




          Appeal No. 97-2822                                                          
          Application 08/455,900                                                      




                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's final            
          rejection of claims 1, 2, 5, 6 and 9 through 16.  Claims 3, 4, 7,           
          8 and 17, the only other claims pending in the application, stand           
          withdrawn from further consideration based on an election of                
          species requirement also made in the final rejection (Paper                 
          No. 23).                                                                    


                    Appellant's invention relates to a floor drain                    
          extension (e.g., claims 1, 10 and 11), a floor drain extension              
          com-bination (claim 13), and to a method of repositioning a drain           
          plate normally located atop a conventional fixed in place non-              
          adjustable floor drain by using the above-noted floor drain                 
          extension (e.g., claims 5 and 9).  Claims 1, 5, 9, 10, 11 and 13            
          are representative of the subject matter on appeal and a copy of            
          those claims may be found in the Appendix to appellant's brief              
          and the Appendix to the examiner's answer.                                  


                    The prior art references of record relied upon by the             
          examiner in rejecting the appealed claims are:                              
          Mayer                          1,959,171         May  15, 1934              
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