Appeal No. 2000-1630
Application No. 09/085,540
addition, given appellant’s argument (brief, page 8) that each
of the sections of Monie includes a rung 28, we cannot accept
the examiner’s determination that there is a reasonable basis
for concluding that Monie’s top and bottom sections are
inherently capable of being nested for shipment, as now claimed.
For these reasons, the examiner’s rejection of claim 12 as
being anticipated by Monie cannot be sustained.
Rejection (4)
This rejection cannot be sustained because even if the
riser of Myers were made of fiberglass, as proposed by the
examiner, the claimed subject matter would not result. This is
so because the modified Meyers riser still would lack top and
bottom sections that are tapered to allow nesting for shipment.
Rejection (5)
Kennon pertains to a cistern “consist[ing] of a walling of
burned clay, made in sections or solid, and with [an] enlarged
upper edge or seat part” (column 1, lines 14-17). Kennon
further states that “the walling may be made in sections, or in
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