Appeal No. 2000-1622
Application No. 08/752,445
The remaining claims on appeal contain limitation
relating the width and/or height of the water closet carrier
to the width and/or height of the off-the-floor water closet.
Claim 68, which is representative of the "width" claims,
recites, inter alia:
wherein said water closet carrier is
approximately the same width as the width of one
of the one or more off-the-floor water
closets.[ ] 4
Looking at Fig. 3 of Groeniger, it is evident that carrier 50
is not "approximately the same width" as water closet 55. The
rejection under § 102(b) of claim 68, of dependent claims 70
and 80, and of claims 75, 84 and 85, which contain similar
limitations, therefore will not be sustained.
Claims 72, representative of the "height" claims,
recites, inter alia:
wherein said water closet carrier is
approximately of equal height with the one or
more off-the-floor water closets.
The carrier 50 of Groeniger is shown as extending a
considerable distance above the bowl of the water closet 55,
4We do not find antecedent basis in the specification for
this language, as required by 37 CFR § 1.75(d)(1).
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