Ex parte MILLER - Page 6




          Appeal No. 98-1532                                                          
          Application No. 08/438,533                                                  


          of this guard is to “prevent the growth of weeds and grass                  
          around the head,” “without in any way altering, adding to or                
          removing from the conventional sprinkler head” (column 1, line              
          30 et seq.).  Listed as an objective is draining water away                 
          from the sprinkler head to promote this purpose (column 1,                  
          lines 59-65), which no doubt is accomplished by its dome                    
          shape.  The guard is described as being for use with systems                
          in which the sprinkler is “about flush with the upper surface               
          of the ground so that it will not injure a lawn mower nor be                
          injured thereby, and so that it will not be obtrusive or be                 
          objectionable to persons walking over the lawn” (column 2,                  
          lines 12-15).  The sprinkler heads may include the type that                
          move upwardly under the pressure of the water (column 2, lines              
          16-18).  As shown in Figure 2 and described in column 2, the                
          Block device is placed in a depression dug into the ground in               
          such a position as to have the top of the dome flush with the               
          surface of the ground, and is installed around the sprinkler                
          by separating the two plates and then attaching them together               
          so that they “snugly engage the sides of the head” (column 3,               
          lines 19-20).                                                               


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