Ex Parte JENSEN - Page 2



          Appeal No. 2002-0573                                                        
          Application 09/150,422                                                      

          sprinkler apparatus for use with a drop ceiling of suspended tile           
          or sheetrock wherein a branch or run pipe (17) extending                    
          horizontally parallel to and positioned above the ceiling is                
          connected to a sprinkler head (26) located below the drop                   
          ceiling.  Claims 1 and 4 are representative of the subject matter           
          on appeal and a copy of those claims may be found in Appendix B             
          of appellant’s brief.                                                       

          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Jackson et al. (Jackson)           4,007,877      Feb. 15, 1977             
          Ballard                            4,834,186      May  30, 1989             
          MacDonald III (MacDonald)          5,743,337      Apr. 28, 1998             

          Claims 1 through 5 stand rejected under 35 U.S.C. § 103(a)                  
          as being unpatentable over Ballard in view of Jackson and                   
          MacDonald.                                                                  

          Rather than reiterate the examiner's full statement of the                  
          above-noted rejection and the conflicting viewpoints advanced by            
          the examiner and appellant regarding the rejection, we make                 
          reference to the examiner's answer (Paper No. 23, mailed                    
          September 10, 2001) for the reasoning in support of the                     
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