Ex parte GOLDSHER et al. - Page 2




          Appeal No. 2000-0450                                                        
          Application No. 09/047,048                                                  


          nonelected invention, and claims 14, 18 and 19 are indicated                
          as being allowable, subject to being rewritten in independent               
          form.                                                                       
               The claims on appeal are drawn to an animal waterer                    
          assembly (claims 10, 12, 13, 15 to 17 and 20) and a method for              
          adjusting the height of an animal waterer (claim 21).  They                 
          are reproduced                                                              
          in the appendix of appellants' brief.                                       
               The references applied in the final rejection are:                     
          Matthysse                     2,616,646                Nov.  4,             
          1952                                                                        
          Vik                      4,348,989                Sep. 14, 1982             
               The appealed claims stand finally rejected on the                      
          following grounds:                                                          
          (1) Claims 10, 12, 13, 15, 17 and 20, anticipated by                        
          Matthysse, under 35 U.S.C. § 102(b);                                        
          (2) Claim 16, unpatentable over Matthysse, under 35 U.S.C.                  
          § 103(a);                                                                   
          (3) Claim 21, anticipated by Vik, under 35 U.S.C. § 102(b).                 
          Rejection (1)                                                               
               On pages 3 and 4 of the final rejection, supplemented by               
          pages 4 and 5 of the examiner's answer, the examiner sets                   
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