Ex parte MCROBERTS - Page 8




                 Appeal No. 2000-1416                                                                                                                   
                 Application No. 09/073,847                                                                                                             


                 spaced holes therein,  these documents simply do not overcome5                                                                                                
                 the deficiency of the Danver teaching in that they each would                                                                          
                 not have been suggestive of the particular size of drain hole                                                                          
                 now claimed.   For the above reason, the second rejection of                                                                           
                 claim 1 cannot be sustained.                                                                                                           
                                                                                                                                                       
                          In summary, this panel of the board has:                                                                                      


                          not sustained the rejection of claims 1, 4 through 7, and                                                                     
                 10 through 12 under 35 U.S.C. § 103(a) as being unpatentable                                                                           
                 over Danver; and                                                                                                                       


                          not sustained the rejection of claims 1, 4 through 7, and                                                                     
                 10 through 12 under 35 U.S.C. § 103(a) as being unpatentable                                                                           
                 over Danver in view of Izzi, Sr. and Izzi.                                                                                             


                          The decision of the examiner is reversed.                                                                                     




                          5It worthy of noting that the Danver drain hole                                                                               
                 arrangement (Fig. 2) appears to us to include perimeter holes                                                                          
                 that are not each equidistant from some inside holes.                                                                                  
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