Appeal No. 2000-1413
Application No. 08/650,883
toward the lower layer of the pool cover back into the pool
water, as required in appellant's claim 31, but will instead
allow that heat energy to be transmitted through the over-
layer (9) and trapped within the air space (10), thereby
creating the "green house" effect desired in Yellott. Thus,
the pool cover of Yellott does not anticipate the multi-layer
pool cover set forth in appellant's claim 31 on
appeal and the examiner's rejection of claim 31 under 35
U.S.C.
§ 102(b) based on Yellott will not be sustained.
It follows from our determination above that the
examiner's rejection of dependent claims 2, 4, 29, 33 and 34
under 35 U.S.C. § 102(b) as anticipated by Yellott will also
not be sustained, since these claims include all of the
limitations of independent claim 31.
Turning to the examiner's rejection of claims 6, 9, 11,
30 and 32 under 35 U.S.C. § 103 as being unpatentable over
Yellott in view of Wilson, we note that the examiner now seeks
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