Appeal No. 2000-1622
Application No. 08/752,445
The same conclusion applies with regard to the claims
which recite the width of the water closet carrier in relation
to the width of the water closet (e.g., claim 68), or the
height of the water closet carrier in relation to the height
of the water closet (e.g., claim 72).
Accordingly, rejection (1) will not be sustained.
Rejection (2): 35 U.S.C. § 102(b)
Reading claim 66 on the unit 50 shown at the lower left
of Groeniger’s Fig. 1, as the examiner has done, there is a 2
water closet carrier width front and back structural means
(walls) connected by independent structural means (side
walls), the carrier adapted to receive a waste conduit
junction, being of rigid construction, and having means 58 at
the front for attaching and supporting as off-the-floor water
closet 55. Groeniger does not disclose that the carrier 50 is
adapted to be disposed within the walls of adjacent rooms or
of a width approximately the distance between consecutive
studs, but the examiner asserts that Groeniger meets the claim
2Attachment A of the examiner’s answer apparently
inadvertently show the lower right unit 10.
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