Ex parte TESKEY - Page 3




          Appeal No. 97-1366                                                          
          Application No. 08/281,318                                                  


          to a waste water drain conduit, and (iii) a curved tubing                   
          section (54) extending between the first substantially                      
          circular opening and the distal end and defining a curved                   
          centerline immediately below and continuously from the first                
          substantially circular opening.                                             





               A correct copy of independent claims 1 and 10 is appended              
          to the examiner's answer.  A correct copy of dependent claims               
          2 and 4 through 9 can be found in the appendix to appellant's               
          brief.                                                                      
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          McFarland                     310,298                  Jan. 06,             
          1885                                                                        
          O'Donnell                     1,091,697                Mar. 31,             
          1914                                                                        
          McEwen                   3,775,780                Dec. 04, 1973             
          Olsson              WO 92/19901                   Nov. 12, 1992             
          (PCT Application)                                                           
               The following rejections are before us for review:                     
               Claims 1 and 10 stand rejected under 35 U.S.C. § 112,                  
          second paragraph, as being indefinite for failing to                        
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