Appeal No. 2003-0223 Page 2
Application No. 09/777,647
BACKGROUND
The appellant's invention relates to a waste water strainer assembly.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Wentzel et al. (Wentzel) 1,661,983 Mar. 6, 1928
Steele 2,697,840 Dec. 28, 1954
Lantz et al. (Lantz) 3,169,254 Feb. 16, 1965
Mowery 5,363,518 Nov. 15, 1994
The admitted prior as set forth in on page 1 of the appellant’s specification.
Claim 5 stands rejected under 35 U.S.C. § 103 as being unpatentable over the
admitted prior art in view of Mowery, Lantz, Steele and Wentzel.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the Answer
(Paper No. 11) and the final rejection (Paper No. 7) for the examiner's complete
reasoning in support of the rejections, and to the Brief (Paper No. 10) and Reply Brief
(Paper No. 12) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
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