Ex Parte Machovsky - Page 2




              Appeal No. 2003-0541                                                                  Page 2                
              Application No. 09/645,845                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to a multi-purpose plumbing tool.  An                              
              understanding of the invention can be derived from a reading of exemplary claim 13,                         
              which appears in the appendix to the appellant's Brief.                                                     
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Kuhn                                3,738,768                           Jun. 12, 1973                       
              Rogers                              5,440,957                           Aug. 15, 1995                       
              Bayouth                             5,996,447                           Dec.   7, 1999                      
                     Claims 13-15 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                           
              over Bayouth in view of Rogers.                                                                             
                     Claims 16 and 17 stand rejected under 35 U.S.C. § 103(a) as being                                    
              unpatentable over Bayouth in view of Rogers and Kuhn.                                                       
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the Answer                         
              (Paper No. 8) for the examiner's complete reasoning in support of the rejections, and to                    
              the Brief (Paper No. 7) 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                   









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