Appeal No. 2000-1465 Page 5
Application No. 09/037,485
Bergin discloses a strainer assembly in which the circular horizontal flange (16) and
the threaded attachment portion are of one-piece construction. As in the prior art
discussed by the appellant on page 1 of the specification, in order to replace a damaged
or stained flange in the Bergin device, the entire assembly must be removed and replaced.
The attachment portion of the Bergin device is provided with threads (18) on its outer
surface to receive a lock nut that will secure the strainer assembly in place. There is no
separate attachment bushing, and it follows that Bergin is devoid of internal threads on the
internal surface of the attachment bushing, much less internal threads positioned directly
opposite the external threads, as is required by the appellant’s claim.
Mowery is directed to a pop-up drain stopper. It comprises a circular flange (24)
that has a center opening adapted to fit through the drain port in a sink and external
threads for receiving the internal threads on the upper portion of a cylindrical housing (18)
which extends downwardly therefrom. The cylindrical housing has external threads for
receiving a lock nut (28) that secures the assembly to the sink. The external threads are
spaced axially from the internal threads, and thus the two threaded sections are not
opposite each other, as is required by the appellant’s claim. A stopper (46) is installed in
the opening in the flange and housing. Interestingly, Mowery is concerned about the
problem of stained flanges, but solves it by providing the head of the stopper with a
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