Appeal No. 1999-1770
Application 08/750,625
perforations for the valve-equipped nozzles which allow the
positive pressure to be held.
Nevertheless, we consider claims 5 and 9 to be
anticipated by Cunningham, under 35 U.S.C. § 102(b). As
disclosed by Cunningham, the chicken house, which has hen
cages 7 and a feces floor (see "litter pits" in col. 1, line
21), has a plurality of spraying tubes 9, which are affixed to
pest-control agent-supplying means 13, etc., and supported by
suspending means (col. 4, lines 31 to 33). The spraying tubes
are perforated along the longitudinal axis, as claimed, in
that the bore of the arm 71 extending to each nozzle 75 (Fig.
3) constitutes a "perforation" in the tube, it being noted
that these claims do not exclude the presence of nozzles 75.
Accordingly, since anticipation is the epitome of
obviousness, In re Avery, 518 F.2d 1228, 1234, 186 USPQ 161,
166 (CCPA 1975), we will sustain rejection (2) as to claims 5
and 9. However, because the basic thrust of the basis of our
affirmance
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