Appeal No. 2001-1886 Page 4
Application No. 09/166,713
areas of commonality with the claimed structure, it is not a toilet and it does not include an
apparatus for flushing water from a tank to a toilet. Nor does it disclose a solid detergent,
as is required by the claim, but a “chemical treating agent” for a boiler or the like, which is
not explicitly described as a detergent, nor is there any reason to conclude that it would
inherently be or function as a detergent. Finally, claim 22 requires that the water supply
means deliver water to the vessel in which the detergent solution is contained “during a
portion of the time water is flowing into the tank” and, from our perspective, there is no
teaching in Ellis upon which to base a conclusion that such is the case.
For the aforesaid reasons, it is our conclusion that Ellis does not disclose or teach
all of the subject matter recited in claim 22, and therefore does not anticipate the
claim.
SUMMARY
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