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 Claims 3, 4, 7, 8 and 17, the only other claims pending in the application, stand withdrawn from further consideration based on an election of species requirement also made in the final rejection (Paper No. 23).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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007