Appeal No. 97-4056 Page 8
Application No. 08/238,926
Claims 13 and 14
The rejection of claims 13 and 14 under 35 U.S.C. § 102(b)
as being anticipated by Parker is not sustained.
Independent claim 13 recites, inter alia, a system for
cleansing a polluted bay comprising (1) fluid communication means
across the isthmus for establishing flow of water between the
open ocean area and a back area; and (2) flow control means in
the fluid communication means for regulating flow of water.
The appellant argues in the reply brief and the supplemental
brief that Parker does not teach or disclose the "flow control
means in the fluid communication means for regulating flow of
water" as recited in claim 13. The examiner responded
(supplemental examiner's answer, pages 2-4) by finding that
(1) Parker's head-producing mechanism 8 regulates the flow of
water, (2) Parker's head-producing mechanism 8 is not the same
structure as disclosed by the appellant for performing the
recited function, and (3) Parker's head-producing mechanism 8
does not operate on the same principle as the appellant's flow
control means. Nevertheless, the examiner appears to be of the
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