Ex parte HALLER et al. - Page 6




          Appeal No. 2000-1338                                                        
          Application 09/107,241                                                      

               horizontal and facing the sun.  Water is introduced                    
               into the liquid compartment 18 via one of the pipes                    
               34 to fill it.  The gas compartment 20 is then                         
               filled with air.  After a period of time, water in                     
               the liquid compartment will be heated and can be                       
               drawn off via one of the pipes 34.  The water can be                   
               replenished in the liquid compartment 18 from time                     
               to time as required and the heater may be moved from                   
               time to time to keep the translucent sheet 16 facing                   
               towards the sun. When no longer required, the water                    
               can be released from the liquid compartment 18 and                     
               air from the gas compartment 20 and the heater is                      
               rolled up for storage [page 2, lines 68 through 90].                   


               Du Plooy teaches, or would have suggested, a device and                
          method meeting all of the limitations in independent claims 1               
          and 13 except for those relating to the shower head.  In this               
          regard, Du Plooy does not indicate that the free end of the                 
          liquid compartment’s outlet pipe or hose 34 has a shower head               
          or any other element attached thereto.                                      


               The appellants’ contention (see pages 2 through 5 in the               
          main brief and pages 2 and 3 in the reply brief) that Du Plooy              
          also lacks response to the limitations in claims 1 and 13                   
          relating to the pressurized air in the second chamber for                   
          pressurizing/expelling the water in the first chamber is not                
          persuasive.  In considering the disclosure of a reference, it               

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