Appeal No. 97-2822
Application 08/455,900
appellant's independent article claim 1 and method claims 5 and
9. For these reasons, the examiner's rejection of claims 1, 2,
5,
6 and 9 under 35 U.S.C. § 103 will not be sustained.
Pursuant to 37 CFR § 1.196(b), we enter the following
new ground of rejection against claims 11 and 12 on appeal.
Claims 11 and 12 are rejected under 35 U.S.C. § 112,
first paragraph, as being based on a specification which, as
originally filed, does not provide "written description" support
for the invention as now claimed. Claims 11 and 12 are directed
to the embodiment of the floor drain extension seen in the
drawing correction filed by appellant on November 27, 1996 (as
an attachment to Paper No. 24), which drawing correction was
approved for entry by the examiner on December 9, 1996. However,
in our opinion, the annular ring (10) seen in Figure 2 of the
drawing correction as having a groove in the upper surface
thereof for receiving the drain cover plate (C) is new matter,
because no such extension ring was previously shown or disclosed
in the application as originally filed. Figure 2 as originally
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