Ex parte REILLY - Page 2




          Appeal No. 2001-0730                                       Page 2           
          Application No. 09/221,543                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to hardware for                      
          mounting toilet bowls, and more particularly, closet bolts                  
          (specification, p. 1).  A copy of the claims under appeal is                
          set forth in the appendix to the appellant's brief.                         


               The prior art of record relied upon by the examiner in                 
          rejecting the appealed claims is:                                           
          Flood                    3,339,215                     Sept. 5,             
          1967                                                                        
          Kemper                   3,424,212                     Jan. 28,             
          1969                                                                        
          Patyna et al.            3,457,573                     July 29,             
          1969                                                                        
          (Patyna)                                                                    
          In addition, the examiner also relied upon the appellant's                  
          admission of prior art (specification, pages 1-2; Figure 1)                 
          relating to closet bolts and nuts to secure a toilet bowl in                
          place (Admitted Prior Art).                                                 



               Claims 5 to 7 and 12 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over the Admitted Prior Art, Flood,                   
          Kemper and Patyna.                                                          










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